Edited by Susan C. Breau and Katja L.H. Samuel
Chapter 10: Disasters and international trade and investment law – the state’s regulatory autonomy between risk protection and exception justification
AbstractWhile there is no formal definition of ‘disaster’ in international trade and investment law, the phenomenon is not alien to these legal disciplines. Often anticipated as a risk in legal terms and remediated on the same legal grounds (treaty provisions and contract clauses), a disaster also questions the state’s ability to regulate autonomously on the basis – or not – of legally defined exceptions to the general rule. In this context, this chapter proposes to revisit the traditional international economic law approach of disasters, which has long consisted in a mix between risk protection (section 2) and exception justification (section 3). In doing so, it contributes to the current debate on the state’s regulatory autonomy for the promotion of an inclusive and sustainable growth and development that is putting the individual at its core
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