Corrs Chambers Westgarth | 27 August 2020
Investor-state disputes arising from COVID-19: balancing public health and corporate wealth
In response to the COVID-19 pandemic, governments globally are engaging in a difficult balancing act of protecting public health, mitigating economic damage and avoiding interference with private rights.
Even during a global pandemic, however, States are likely to be challenged for implementing measures that interfere with an investor’s private rights. Governments the world over have introduced COVID-19 prevention measures such as hard border closures, city and regional lockdowns, suspension of construction, production and mining, nationalisation of private industries and import and export restrictions.