- Title Pages
- Dedication
- Foreword
- Preface
- Table of Cases
- Table of Treaties, Legislation, and Related Instruments
- List of Abbreviations
- List of Contributors
- 1 International Investment Law and Comparative Public Law—an Introduction
- 2 Minimum Standards of Procedural Justice in Administrative Adjudication
- 3 Public Law Concepts to Balance Investors’ Rights with State Regulatory Actions in the Public Interest—the Concept of Proportionality
- 4 The Concept of Indirect Expropriation in Comparative Public Law—Searching for Light in the Dark
- 5 Fair and Equitable Treatment, the Rule of Law, and Comparative Public Law
- 6 Full Protection and Security
- 7 Cain and Abel: Congruence and Conflict in the Application of the Denial of Justice Principle
- 8 The Merits and Limits of Comparativism: National Treatment in International Investment Law and the WTO
- 9 Discrimination on the Basis of Nationality: Determining Likeness in Human Rights and Investment Law
- 10 Umbrella Clauses as Public Law Concepts in Comparative Perspective
- 11 Transfer of Funds: the Interaction between the IMF Articles of Agreement and Modern Investment Treaties: a Comparative Law Perspective
- 12 State Responsibility and Comparative State Liability for Administrative and Legislative Harm to Economic Interests
- 13 Legitimate Expectations and Informal Administrative Representations
- 14 Revocation and Cancellation of Concessions, Operating Licences, and Other Beneficial Administrative Acts
- 15 Public-Private Partnerships: Award, Performance, and Remedies
- 16 Economic Emergency Powers: A Comparative Law Perspective
- 17 Property Protection and Protection of Cultural Heritage
- 18 Taxation and Investment: Constitutional Law Limitations on Tax Legislation in Context
- 19 Comparative Taxation Procedure and Tax Enforcement
- 20 Investment Treaty Arbitration, Procedural Fairness, and the Rule of Law
- 21 Procedure in Investment Treaty Arbitration and the Relevance of Comparative Public Law
- 22 The Need for Public Law Standards of Review in Investor-State Arbitrations
- 23 Primary and Secondary Remedies in International Investment Law and National State Liability: A Functional and Comparative View
- 24 Comparative Compensation for Expropriation
- 25 Transparency and Representation of the Public Interest in Investment Treaty Arbitration
- Index
Economic Emergency Powers: A Comparative Law Perspective
Economic Emergency Powers: A Comparative Law Perspective
- Chapter:
- (p.503) 16 Economic Emergency Powers: A Comparative Law Perspective
- Source:
- International Investment Law and Comparative Public Law
- Author(s):
Christina Binder
August Reinisch
- Publisher:
- Oxford University Press
The jurisprudence of investment tribunals in cases brought against Argentina in the context of the country's 2001/02 economic crisis show the potential and limits of the necessity defence as codified in Article 25 of the ILC Articles on State Responsibility in situations of economic emergency. This chapter examines the emergency regimes of national legal systems for additional insights that might assist in more closely delineating a State's emergency powers in times of (economic) crisis; more particularly concerning the conditions governing the adoption of emergency measures and the consequences thereof. This is done with reference to four representative legal systems — two from common law jurisdictions and two from those under civil law: the British, French, German, and US systems.
Keywords: economic emergencies, emergency powers, Argentine crisis, state of necessity, Articles on State Responsibility, necessity defence, general principles of law
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- Title Pages
- Dedication
- Foreword
- Preface
- Table of Cases
- Table of Treaties, Legislation, and Related Instruments
- List of Abbreviations
- List of Contributors
- 1 International Investment Law and Comparative Public Law—an Introduction
- 2 Minimum Standards of Procedural Justice in Administrative Adjudication
- 3 Public Law Concepts to Balance Investors’ Rights with State Regulatory Actions in the Public Interest—the Concept of Proportionality
- 4 The Concept of Indirect Expropriation in Comparative Public Law—Searching for Light in the Dark
- 5 Fair and Equitable Treatment, the Rule of Law, and Comparative Public Law
- 6 Full Protection and Security
- 7 Cain and Abel: Congruence and Conflict in the Application of the Denial of Justice Principle
- 8 The Merits and Limits of Comparativism: National Treatment in International Investment Law and the WTO
- 9 Discrimination on the Basis of Nationality: Determining Likeness in Human Rights and Investment Law
- 10 Umbrella Clauses as Public Law Concepts in Comparative Perspective
- 11 Transfer of Funds: the Interaction between the IMF Articles of Agreement and Modern Investment Treaties: a Comparative Law Perspective
- 12 State Responsibility and Comparative State Liability for Administrative and Legislative Harm to Economic Interests
- 13 Legitimate Expectations and Informal Administrative Representations
- 14 Revocation and Cancellation of Concessions, Operating Licences, and Other Beneficial Administrative Acts
- 15 Public-Private Partnerships: Award, Performance, and Remedies
- 16 Economic Emergency Powers: A Comparative Law Perspective
- 17 Property Protection and Protection of Cultural Heritage
- 18 Taxation and Investment: Constitutional Law Limitations on Tax Legislation in Context
- 19 Comparative Taxation Procedure and Tax Enforcement
- 20 Investment Treaty Arbitration, Procedural Fairness, and the Rule of Law
- 21 Procedure in Investment Treaty Arbitration and the Relevance of Comparative Public Law
- 22 The Need for Public Law Standards of Review in Investor-State Arbitrations
- 23 Primary and Secondary Remedies in International Investment Law and National State Liability: A Functional and Comparative View
- 24 Comparative Compensation for Expropriation
- 25 Transparency and Representation of the Public Interest in Investment Treaty Arbitration
- Index
