The Non-Precluded Measures Defence. A View from Latin America
Article from: TDM 4 (2022), in Latin America
This Article will analyse the possible defences that host States are likely to raise, with a particular focus on non-precluded measures (NPM) in International Investment Agreements (IIAs) signed by Latin-American and Caribbean (LAC) countries. While this Article focuses on the identification, interpretation, and application of NPM provisions in IIAs, the Article will explore the relationship between NPM clauses and background defences in customary international law, such as force majeure, distress, and state of necessity. The interpretation of both NPM clauses and customary defences is ...