International Investment Law and the Law of Armed Conflict

✍ Scribed by Katia Fach Gómez, Anastasios Gourgourinis, Catharine Titi

• Publisher: Springer International Publishing
• Year: 2019
• Tongue: English
• Leaves: 542
• Series: European Yearbook of International Economic Law
• Edition: 1st ed. 2019
• Category: Library

✦ Synopsis

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.

✦ Table of Contents

Front Matter ....Pages i-xviii
War and Peace in International Investment Law (Christoph Schreuer)....Pages 1-21
Evaluating Social Benefits and Costs of Investment Treaties: Depoliticization of Investment Disputes (Ursula Kriebaum)....Pages 23-42
Between War and Peace: Intermittent Armed Conflict and Investment Arbitration (Ana Maria Daza-Clark, Daniel Behn)....Pages 43-66
Investments Under Occupation: The Application of Investment Treaties to Occupied Territory (Tobias Ackermann)....Pages 67-92
An Overview of State Succession Issues Arising as a cResult of an Armed Conflict (Patrick Dumberry)....Pages 93-111
Kosovo and Foreign Investment Protection (Antonis Bredimas)....Pages 113-128
Procedural Aspects of the Obligation of Non-Recognition Before International Investment Tribunals (Sebastian Wuschka)....Pages 129-151
Exploring the Links Between Nationality Changes and Investment Claims Arising Out of Armed Conflicts: The Case of Russian Passportization in Crimea (Belen Olmos Giupponi)....Pages 153-172
Litigating the Use of Force: Reflections on the Interaction Between Investor-State Dispute Settlement and Other Forms of International Dispute Settlement in the Context of the Conflict in Ukraine (Laura Rees-Evans)....Pages 173-197
Non-discrimination and the Protection of Foreign Investments in the Context of an Armed Conflict (Michail Risvas)....Pages 199-215
The Full Protection and Security Standard in Investment Law: A Specific Obligation? (Sébastien Manciaux)....Pages 217-228
Armed Conflicts and Customary International Law on Investment: Codification and Fragmentation of “Protection and Security” (Kong Soon Lim)....Pages 229-257
Protection of Foreign Investments Against the Effects of Hostilities: A Framework for Assessing Compliance with Full Protection and Security (Ira Ryk-Lakhman)....Pages 259-282
Protection of Investments in War-Torn States: A Practitioner’s Perspective on War Clauses in Bilateral Investment Treaties (Suzanne Spears, Maria Fogdestam Agius)....Pages 283-317
Investment Treaty Security Exceptions, Necessity and Self-Defence in the Context of Armed Conflict (Caroline Henckels)....Pages 319-340
Supervening Impossibility of Performance and the Effect of Armed Conflict on Investment Treaties: Any Room for Manoeuvre? (Gabriele Gagliani)....Pages 341-361
Awarding Damages in Times of Armed Conflict: An Emerging Standard of “Economic Capacity” for the Host State (Jose Gustavo Prieto Muñoz)....Pages 363-383
The Cross-Fertilisation of International Investment Law and International Humanitarian Law: Prospects and Pitfalls (Teerawat Wongkaew)....Pages 385-409
International Investment Arbitration and Non-binding Standards Applicable in Conflict: Parallel or Merging Worlds? (Merryl Lawry-White)....Pages 411-438
Responsible Investment in Occupied Territories: Beyond the UN & OECD Principles (Eleni Micha)....Pages 439-458
Corporations and Crimes Against Humanity: Financial Liability Through ISDS? (Kevin Crow)....Pages 459-486
The Recourse to Private Military and Security Companies by Foreign Investors in Conflict-Affected Countries: Dangers, Opportunities and the Need to Regulate (Lukas Vanhonnaeker)....Pages 487-515
The Paradox of the Prohibition of the Use of Force in Contemporary International Law—Some Elementary Remarks (Alain Pellet)....Pages 517-536

✦ Subjects

Law; International Economic Law, Trade Law; International Humanitarian Law, Law of Armed Conflict; International Criminal Law