Respectarea standardelor de tratament legal al investițiilor internaționale în timpul crizelor economice mondiale, între da și nu
Compliance with the Standards of Legal Treatment of International Investments During the Global Economic Crises, Between Yes and No

Author(s): Cristina Elena Popa Tache
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration
Published by: Universul Juridic
Keywords: crisis; foreign investment; state of emergency; law and order; standards of protection;
Summary/Abstract: The state of emergency (exceptional condition) and the alert of the rule of law show, through their legal management, repercussions on all areas and, in particular, on the economy. The result is the economic crisis received almost immediately, with an exponential spread over the entire surface of the economic map. What further affects the states in these situations is the amount of financial losses suffered. In the case of international investment law - a sub-branch of public international law, a hasty and visionless management of the effects of the state of emergency and the alert of the rule of law can devastate the state involved in this process by the considerable damages it would suffer if the courts competent international authorities would oblige it as a result of non-compliance with the standards of legal treatment of international investments. International investment is protected by international law by setting standards of legal treatment that the governments of the host states have undertaken to comply with through investment treaties. Therefore, these standards of protection must be respected even in times of crisis, regardless of the reason that generated it, the policy of attracting and maintaining an investment climate favorable to international investment being an attribute of each state. Nothing can stop an investor from changing the geography of his business, in order to protect the investment made. The issue of violation of one or more standards by states is one of the most debated at the moment, because the international arbitration practice has decisions to oblige states to significant damages. In the present study, analysis and synthesis were used as the research method interdependent analysis and synthesis through analogies developed in a comparative method.

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