This item is non-discoverable
Investor Protection vs Host State Regulatory Autonomy during Economic Crisis: Treatment of Capital Transfers and Restrictions under Modern Investment Treaties
Abstract
There is a debate amongst econotnists over whether foreign exchange restrictions-
as a form of capital controll-drive away foreign investors, or whether they can be used
to stem the damaging effects of the flow of `hot money'; why do countries impose capital
restrictions and whether such restrictions are the best available options to countries facing
economic crises.2 For international investment lawyers, the main questions are: to what
extent is a host state under legal duty to comply with the capital repatriation obligations
of an investment treaty in the face of economic or financial crisis or threat thereof?