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Institutional Developments in Investment Law and Policy 2020

Kinda Mohamadieh

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 18 January 2025

Subject(s):
Sustainable development — Settlement of disputes

In 2020, investment governance and law continued to be intensely deliberated in a number of multilateral and regional institutions. The Covid crisis triggered reminders of the different ways in which international investment rules could come into tension with policy space governments require in order to respond to compounded crisis, such as the one the world is currently witnessing. This have triggered calls for moratorium on all investor-State dispute settlement (ISDS) cases until the end of the Covid pandemic, the suspension of ISDS in multilateral or bilateral agreements for Covid-related measures, and a permanent restriction on all arbitration claims related to government measures targeting health, economic and social dimensions of the pandemic and its effects. This urgency, however, did not always trickle into ongoing discussions and negotiations dealing with investment law and policy.

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