Record Detail Back
Journal of International Trade Law and Policy: Australian COVID-19 measures and its international investment obligations
- Share to:
Abstract
Purpose – This paper aims to examine the prospect for international investment disputes in the aftermath
of the COVID-19 pandemic due to measures implemented by the Australian government to tackle the
pandemic.
Design/methodology/approach – Doctrinal research. Contains qualitative analysis.
Findings – This paper finds that claims based on the protections in the International Investment
Agreements (IIAs) signed by Australia are unlikely to succeed and that Australia’s COVID-19 measures can
be justified as necessary measures under the general and security exception clauses included in more recent
IIAs and under customary international law.
Originality/value – In the context of the COVID-19 pandemic, scholars have written papers
apprehending possible claims by international investors against emergency measures adopted by host
countries to face the pandemic which might also have damaged the interest of the foreign investors.
The existing literature is too vague and general. To the best of the authors’ knowledge, this is the first
paper that draws some specific conclusions in this regard applicable to the COVID-19 regulatory
measures taken by Australia. While the existing literature projects the possibility of such investor
claims, this paper argues that at least no such claim would succeed against the COVID-19 measures
taken by Australia.
Tanjina Sharmin and Emmanuel Laryea - Personal Name
NONE
Text
ENGLISH
EMERALD INSIGHT
2022
ENGLAND
JURNAL ILMU HUKUM
LOADING LIST...
LOADING LIST...
APA Citation
Tanjina Sharmin and Emmanuel Laryea. (2022).Journal of International Trade Law and Policy:
Australian COVID-19 measures
and its international
investment obligations.(Electronic Thesis or Dissertation). Retrieved from https://localhost/etd