COVID-19, RESPONSABILIDAD DEL ESTADO Y ARBITRAJES DE INVERSIÓN

Abstract

In order to minimize both the spread of Covid-19 and the effects of the economic recession and the social crisis that the pandemic entails, most governments are implementing measures that cover virtually all spheres of life, including economics. In fact, States have the obligation to implement measures proportional to the seriousness and scale of the crisis they face in order to protect all the human rights of the population. In that context, we call on the world community for an IMMEDIATE MORATORIUM on all arbitration claims by private corporations against governments using international investment treaties, and a PERMANENT RESTRICTION on all arbitration claims related to government action. addressed to the health, economic and social dimensions of the pandemic and its effects. These investor-state cases (often referred to as "ISDS" cases) empower foreign private companies to challenge government actions affecting narrow corporate interests, often resulting in large payouts, sometimes in the billions of dollars. dollars, to these companies for alleged lost profits.These lawsuits pose an immediate danger to the ability of developing nations, and the global community as a whole, to meet the COVID-19 challeng