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Research on the Host Country's Regulatory Power in the Situation of the Novel Coronavirus Pneumonia Outbreak

Longge Su

Abstract


In the process of combating the Newcastle pneumonia epidemic, shutdown measures taken by countries may harm the legitimate interests of foreign investors, and when foreign investors use the international investment dispute settlement (ISDS) mechanism to arbitrate with the host country, the purpose of international investment agreements (IIAs), which tends to protect the interests of investors, tends to be constantly expanded and used to the neglect of the host country's regulatory power. This is due both to the lack of clarity of certain provisions and to the inherent flaws of the ISDS mechanism. China should actively study the new changes in international investment rules, so that China can more favorably balance the interests of investors and host countries in the process of negotiating international investment agreements, and effectively safeguard the right of national regulation.


Keywords


National Regulatory Power; International Investment Dispute Settlement Mechanism; New Crown Epidemic

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References


See Memorandum on Order under the Defense Production Act Regarding GeneralMotors Company of 27 March 2020. See Investment Policy Responses to the Covid-19Pandemic, https://unctad.org/en/ Publications Library/diaepcbinf2020d3_en.pdf, visited on 9June 2020.

See Lisa Bohmer, Mexico Round-up: An Update on Treaty-based Disputes against the State, https://webvpn.whu.edu.cn/https/77726476706e69737468656265737421e7e056d22e317a556e079bb 89d476d36cd4a/articles/mexico-round-up-an-update-on-treaty-based-disputes-against-the-state/, visited on 9 December 2021.

Kelsey J, "Investor-state" disputes in trade pacts threaten fundamental principles of national judicial systems.The University of Auckland, Lori Wallach, Public Citizen's Global Trade Watch, p.2. 2016.

UNCTAD.World Investment Report 2021.( 2021-06-23).https://unctad.org/ webflyer/world-investment-report-2021,visited on 9 December 2021.

Effery P. Commission, Precedent in Investment Treaty Arbitration -A Citation Analysis of Developing Jurisprudence, Journal of International Arbitration, Volume 24, 2007, p.362.




DOI: http://dx.doi.org/10.18282/ff.v11i1.2616

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