Economic Crises and Foreign Investors: Between Necessity and Reparation

Authors

• Suha Ballan, University of Haifa

Abstract

The article critiques the current investor-state arbitration system for its reliance on private law analogies, which often results in all-or-nothing outcomes unsuitable for addressing economic crises. It advocates for integrating public law remedies into the system to better balance corrective justice with broader economic stability and context. The analysis highlights the limitations of the necessity defense in international law and proposes alternative approaches, such as mandatory insurance and fund allocation models, to address these challenges more effectively.

Disciplines

Comparative and Foreign Law | Dispute Resolution and Arbitration | International Law | Law

Recommended Citation

Suha Ballan, Economic Crises and Foreign Investors: Between Necessity and Reparation, 2 Cardozo Int’l & Compar. L. Rev. 1 (2018).
Available at: https://larc.cardozo.yu.edu/ciclr/vol2/iss1/3