Professor Bekker pens paper on COVID-19 and Energy Investment Protection
Published on 18 May 2020
Professor Pieter Bekker, CEPMLP Chair in International Law, has authored a special paper entitled “International Law Protection of Energy Investments Continues During the COVID-19 Pandemic and its Economic Fallout” for release by the Centre.
The paper discusses how the COVID-19 crisis and its economic fallout affect the relationship between foreign investors and countries hosting long-term investments in the energy sector, especially their rights and duties under public international law.
The high-level paper addresses both the international law remedies that may be available to foreign investors encountering differing forms of interference by host States and the defences that international law affords sovereign States in the unprecedented situation caused by the present pandemic, including examples of measures taken by States and relevant jurisprudence from investor-State arbitration cases.
According to Professor Bekker, an expert in international investment law and arbitration with an active practice in this field, “international investment law does not present a binary choice between ‘State protection’ and ‘investor protection’ but involves a balancing of rights and interests.”
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