The risk of investor-state disputes in Asean in the aftermath of Covid-19

The Business Times | Jun 29, 2020 at 2:00 AM
  • Over the past several months, countries in ASEAN (as in the rest of the world) have adopted a wide range of measures to address the COVID-19 pandemic.
  • For example, following the financial crisis in Argentina in the early 2000s, the Argentine government faced dozens of claims by foreign investors, challenging the government’s handling of the crisis.
  • Whereas newer treaties balance investment protection with specific language noting the right of the state to regulate for the public good, including public health, these older ASEAN treaties focus on investment protection to the exclusion of much else.