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Choukroune, Leïla --- "Disasters and international trade and investment law – the state’s regulatory autonomy between risk protection and exception justification" [2016] ELECD 1262; in Breau, C. Susan; Samuel, L.H. Katja (eds), "Research Handbook on Disasters and International Law" (Edward Elgar Publishing, 2016) 204

Book Title: Research Handbook on Disasters and International Law

Editor(s): Breau, C. Susan; Samuel, L.H. Katja

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784717391

Section: Chapter 10

Section Title: Disasters and international trade and investment law – the state’s regulatory autonomy between risk protection and exception justification

Author(s): Choukroune, Leïla

Number of pages: 21

Abstract/Description:

While there is no formal definition of ‘disaster’ in international trade and investment law, the phenomenon is not alien to these legal disciplines. Often anticipated as a risk in legal terms and remediated on the same legal grounds (treaty provisions and contract clauses), a disaster also questions the state’s ability to regulate autonomously on the basis – or not – of legally defined exceptions to the general rule. In this context, this chapter proposes to revisit the traditional international economic law approach of disasters, which has long consisted in a mix between risk protection (section 2) and exception justification (section 3). In doing so, it contributes to the current debate on the state’s regulatory autonomy for the promotion of an inclusive and sustainable growth and development that is putting the individual at its core