The Effects of Armed Conflict on Investment Treaties
Title | The Effects of Armed Conflict on Investment Treaties PDF eBook |
Author | Tobias Ackermann |
Publisher | Cambridge University Press |
Total Pages | 401 |
Release | 2022-08-25 |
Genre | Law |
ISBN | 1009207784 |
This book analyses the multi-faceted impact armed conflict has on investment treaties. Refuting the common association of the outbreak of hostilities with the termination or suspension of treaties, it not only makes a case for the continuity of investment treaties. The book argues that the impact of armed conflict on such agreements goes far beyond these questions: Changed factual circumstances and public interests as well as international humanitarian law heavily influence the application and interpretation of investment protection standards. The book argues that investment treaties can and must channel these effects to remain effective during armed conflict and strike a fair balance between investor and public interests. It shows ways in which contextual and systemic interpretation, respect for reasonable state action, and careful treaty design can ensure that investment treaties continue to fulfil their purpose of strengthening compliance with legal rules also in times of armed conflict.
The Protection of Foreign Investment in Times of Armed Conflict
Title | The Protection of Foreign Investment in Times of Armed Conflict PDF eBook |
Author | Jure Zrilic |
Publisher | Oxford University Press |
Total Pages | 272 |
Release | 2019-10-17 |
Genre | Law |
ISBN | 0192566059 |
Foreign investors often sustain injuries during violent situations, such as riots, revolutions, civil wars, and international armed conflicts. There is a great deal of uncertainty about how effective investment treaty protections are in volatile times, how they relate to other applicable legal frameworks, and how they affect the state security policy and the post-conflict transition to peace. This book explores how foreign investment is protected in times of armed conflict under the investment treaty regime. It does so by combining insights from different areas of international law, including international investment law, international humanitarian law, international human rights law, the law of state responsibility, and the law of treaties. While the protections have evolved over time, with the investment treaty regime providing the strongest legal framework for protecting investors yet, there has been an apparent shift in treaty practice towards safeguarding a state's security interests. Jure Zrilic identifies and analyses the flaws in the existent normative framework, but also highlights the potential that investment treaties have for minimising the devastating effects of armed conflict. The book offers an analytical framework for assessing the investment treaty regime in times of armed conflict, distinguishing between different paradigms and different types of conflicts. Crucially, he argues that a new approach is needed to appropriately balance the competing interests of host states and investors when it comes to investment protection in armed conflicts.
International Investment Law and the Law of Armed Conflict
Title | International Investment Law and the Law of Armed Conflict PDF eBook |
Author | Katia Fach Gómez |
Publisher | Springer |
Total Pages | 542 |
Release | 2019-08-05 |
Genre | Law |
ISBN | 3030107469 |
Assessing the extent to which armed conflict impacts the obligations that states have towards foreign investors and their investments under international investment treaties requires considering a wide range of issues, many of which are systemic in nature. These include substantive and procedural topics, not only with regard to international investment law, but also concerning the law on the use of force, international humanitarian law and human rights law, the law of treaties, the law of state responsibility and the law of state succession.This volume provides an in-depth assessment of the overlap between international investment law and the law of armed conflict by charting the terrain of the multifaceted and complex relationship between these two fields of public international law, fostering debate and offering novel perspectives on the matter.
Investments in Conflict Zones
Title | Investments in Conflict Zones PDF eBook |
Author | Tobias Ackermann |
Publisher | BRILL |
Total Pages | 537 |
Release | 2020-12-15 |
Genre | Law |
ISBN | 9004442839 |
In Investments in Conflict Zones, a selected group of experts explores how armed conflicts, territorial disputes, and ‘frozen’ conflicts impact the application and interpretation of international investment law and how investment protection can be reconciled with such politically charged circumstances.
Investments in Conflict Zones
Title | Investments in Conflict Zones PDF eBook |
Author | Tobias Ackermann |
Publisher | Nijhoff International Investme |
Total Pages | 491 |
Release | 2020-12-17 |
Genre | Business & Economics |
ISBN | 9789004442801 |
Investments in Conflict Zones' addresses the topical and underexplored role of international investment law in armed conflicts, disputed territories, and 'frozen' conflicts. The edited collection explores how these different conflict situations impact the application and interpretation of international investment law and how the protection of investors can be reconciled with the politically charged circumstances and state interests involved. Written by a selected group of experts from different fields of international law, the volume moves beyond the confines of investment law, offering novel insights on its intersection with the law of armed conflict, human rights law, the law of the sea, general international law and national laws, including those adopted by de facto regimes which lack recognition as states.
The Protection of Foreign Investments in Armed Conflicts
Title | The Protection of Foreign Investments in Armed Conflicts PDF eBook |
Author | Ira Ryk - Lakhman |
Publisher | |
Total Pages | 402 |
Release | 2019 |
Genre | |
ISBN |
This thesis examines the international legal framework that governs the protection of foreign investments in times of armed conflict. It addresses the laws of armed conflict and the international law of foreign investment and their regulation of investments in particular situations. The thesis provides an overall argument that the potential for conflict between investment law and international humanitarian law is a significant issue of growing relevance, as the two regimes, through their different norms, may regulate the same conduct with different objectives in mind, but that international law mostly (but not entirely) has the tools to resolve any such conflict through the rules of interpretation or through rules of priority. The thesis first establishes that the outbreak of hostilities does not, ipso facto, abrogate the operation of investment treaties. Then, the analysis proceeds to assess the application of investment treaties and their standards of protection in situations of armed conflict. In this respect, the thesis analyzes the legal frameworks that govern the dispossession and destruction of foreign investments, the treatment of investments under the contemporary laws of targeting, and the obligation to protect foreign investments from the effects of armed conflict (precautionary obligation). Having dealt with the substantive standards of protection, the thesis examines whether the occurrence of armed conflicts can be used to exempt, excuse, justify, or carve-out investment obligations during armed conflict. Finally, the analysis deals with the consequences of the State"s failure to guarantee the protection of foreign investments as required by international law and the obligation to award "adequate" compensation for losses owing to armed conflict.
The Effects of Armed Conflict on Investment Treaties
Title | The Effects of Armed Conflict on Investment Treaties PDF eBook |
Author | Tobias Ackermann |
Publisher | Cambridge University Press |
Total Pages | 401 |
Release | 2022-08-25 |
Genre | Law |
ISBN | 1009207830 |
The book explores the effects of armed conflict and international humanitarian law on the interpretation and application of investment treaties.