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  • Author or Editor: Christina Binder x
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Christina Binder and Philipp Janig

The chapter deals with international investment agreements and financial crises. Arbitral proceedings have highlighted the complex and sometimes problematic tension between necessary state measures to address crisis situations and obligations entered into vis-à-vis foreign investors mainly in bilateral investment agreements. After an introduction into the types of pertinent state measures typically taken during financial crises, this chapter describes possible impacts on the rights of investors, the applicable regulatory framework and available legal defences on the part of the state. The contribution focuses on those State measures in financial crises that have led (and might still lead) to some arbitral case law: Argentina, Greece and Cyprus. As a final part, this contribution briefly discusses recommendations aimed at addressing the shortcomings within the current legal framework and practice.

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Christina Binder, Jane A Hofbauer, Flávia Piovesan and Amaya Úbeda de Torres

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Edited by Christina Binder, Jane A. Hofbauer, Flávia Piovesan and Amaya Úbeda de Torres

This comprehensive Research Handbook offers a comparative overview of the history, nature and current status of social rights at the universal and regional level. Tracing their evolution from rather modest beginnings, to becoming the category of rights responding most accurately to the 21st century’s policy objectives of poverty eradication and equitable resource allocation, this Research Handbook assesses the mechanisms used to enhance the implementation and enforcement of social rights.