| Summary: | The study proposes to examine – in the light of the challenges raised by the COVID-19 pandemic – whether and how States can suspend the performance of international law obligations in a situation of emergency. The study focuses on patterns of treaty clauses that may allow for certain exceptions (while the circumstances precluding wrongfulness are subject to a subsequent study). On one side, the research examines the GATT exceptions provided in articles XX (general exceptions) and XXI (security exceptions), and on the other side, the patterns of clauses within Bilateral Investment Treaties. Relevant case-law of WTO panels, appelate bodies and of investment arbitration tribunals is also examined.
|
|---|