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ToolsKent, Avidan and Trinidad, Jamie (2024) Questions of public health before investment tribunals:Can amici curiae play a useful role? In: International Investment Law and the Pandemic. Nijhoff International Investment Law Series . Brill, 228–243. ISBN 9789004711198
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This chapter critically reviews the role of amicus submissions in investment arbitration, with a focus on cases arising in the context of the COVID-19 pandemic. We review the changing role of the amicus process in the investment regime and trace its underlying objectives and justifications. We claim that in the context of the COVID pandemic, an extra dose of caution is required when weighing up the usual justifications for liberalising and encouraging the participation of amici curiae. In particular, the assumption that amicus participation serves to promote the legitimacy of arbitration is undermined when politically motivated amici seek to dress up their interventions as neutral scientific expertise. This cautionary tale resonates beyond the COVID context: in a post-truth era in which scientific evidence and expertise are constantly manipulated in the service of political agendas, tribunals will do well to approach the amicus process with increasing care.
| Item Type: | Book Section |
|---|---|
| Uncontrolled Keywords: | sdg 3 - good health and well-being ,/dk/atira/pure/sustainabledevelopmentgoals/good_health_and_well_being |
| Faculty \ School: | Faculty of Social Sciences > School of Law |
| UEA Research Groups: | University of East Anglia Schools > Faculty of Science > Tyndall Centre for Climate Change Research Faculty of Science > Research Centres > Tyndall Centre for Climate Change Research Faculty of Social Sciences > Research Groups > International Law |
| Depositing User: | LivePure Connector |
| Date Deposited: | 28 Apr 2023 09:30 |
| Last Modified: | 19 Dec 2024 00:39 |
| URI: | https://ueaeprints.uea.ac.uk/id/eprint/91902 |
| DOI: | 10.1163/9789004711204_015 |
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