Cum a influențat pandemia retroacțiunea stat-investitor?
How has the pandemic affected the state-investor feedback?
Author(s): Cristina-Elena Popa (Tache)Subject(s): Law, Constitution, Jurisprudence, Financial Markets, Commercial Law
Published by: C.H. Beck Publishing House - Romania
Keywords: pandemic; investment treaties; necessity; measures taken by states;
Summary/Abstract: Investment relationships of any kind have been tested by the effects of the covid pandemic. Potential risks of future impact are still looking for legal solutions that maintain the balance and guarantee the normal development of investment relations. This phenomenon has become an exercise in legal imagination. Both investors and states need to understand, as key players, the key role they play in cooperation and prudent decision-making. To reach this level, they need to gain a deeper understanding of international legal norms as well as the historical trajectory of relevant case law. The pandemic crisis has revealed a gap in the regulation of specific situations. The current moment is one of the elaboration of appropriate regulations, with unequivocal applicability on all situations in which vulnerabilities can generate disputes. This period surprised the investment system at the time of the commencement, amendment or termination of investment treaties or treaties containing investment provisions. For this study, a method of overall analysis of the existing and / or non-existent regulations for the operation of the investment system was used, in compliance with the relevant case law.
Journal: Curierul judiciar
- Issue Year: XXI/2022
- Issue No: 5
- Page Range: 277-283
- Page Count: 7
- Language: Romanian
- Content File-PDF