Police Powers Doctrine: a reliable State Defense in times of Covid-19?

Q4 Social Sciences Brazilian Journal of International Law Pub Date : 2021-11-12 DOI:10.5102/rdi.v18i2.7416

T. Lehmann

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引用次数: 1

Abstract

As measures taken against the threats of Coronavirus to the public health affect investments in South America and internationally, states are looking for defenses under international law to counter potential Investor-State claims. This article explores whether the Police Powers Doctrine could justify the policy measures taken to protect the public health during the Covid-19 sanitary crisis and avoid the payment of compensation for alleged indirect expropriations. The analysis will first lay out the general application of Police Powers Doctrine under international investment law. To do so, it will mainly investigate the interpretation of the Doctrine in cases relating to the protection of public health. Finally, it will assess the strength of the Doctrine in defending general policy measures taken during the Covid-19 sanitary crisis. The paper argues that, while most measures should qualify under the Police Powers Doctrine, arbitral tribunals might examine additional conditions to accord their legal qualification of an exercise of police powers with the specific facts of a case. © 2021 Centro Universitario de Brasilia. All rights reserved.

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警察权力主义:新冠疫情时期可靠的国家防御?

由于针对冠状病毒对公共健康的威胁所采取的措施影响了南美洲和国际上的投资，各国正在根据国际法寻求防御措施，以对抗潜在的投资者-国家索赔。这篇文章探讨了警察权力主义是否可以证明在新冠肺炎卫生危机期间为保护公众健康而采取的政策措施是合理的，并避免因被指控的间接征用而支付赔偿金。分析将首先阐述国际投资法中警察权力原则的一般适用情况。为此，它将主要调查与保护公众健康有关的案件中对该原则的解释。最后，它将评估该原则在捍卫新冠肺炎卫生危机期间采取的一般政策措施方面的力量。该文件认为，虽然大多数措施应符合警察权力原则，但仲裁庭可能会审查其他条件，以使其行使警察权力的法律资格符合案件的具体事实。©2021巴西利亚大学中心。保留所有权利。

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来源期刊

Brazilian Journal of International Law Social Sciences-Law

CiteScore

0.20

自引率

0.00%

发文量

审稿时长

4 weeks

期刊介绍： The Brazilian Journal of International Law (RDI) was created as a tool for select and publish academic papers related to issues addressed by public and private international law. The Journal has a good ranking according with the Brazilian system (Qualis A1). In the quest for development and construction of critical views about international law, the Brazilian Journal of International Law has two main focus: 1. International protection of the human person: covers issues related to international environmental law, humanitarian law, internationalization of law, in addition to research on the evolution of the law of treaties as a way of expanding the contemporary international law. 2. System of legal integration: regional integration (European Union, Mercorsur, NAFTA, ASEAN), sectoral integration (WTO, ICSID), and others. Thematic issues: We intend to publish thematic issues. It aims to increase interest in the journal and its impact on the area. We apologize to the authors, but articles on other subjects will not be accepted or should expect the numbers on topics related to being appreciated.