The Global Financial Crisis: Will State Emergency Measures Trigger International Investment Disputes?
Article from: TDM 1 (2010), in Investor-State Disputes - International Investment Law
Several developed countries have introduced emergency measures to mitigate the effects of the Global Financial Crisis, including Australia, Germany, Ireland, the United Kingdom, and the United States. Although the measures taken are still undergoing changes by the executive branch and are thus a "moving target", our survey reveals early evidence of differentiation between foreign and domestic actors in the emergency plans adopted by this sample grouping. It is this differentiation that may give rise to liability as breaching guarantees against discrimination of foreign investors ...