Investments in Conflict Zones: The Role of International Investment Law in Armed Conflicts, Disputed Territories, and Frozen Conflicts

✍ Scribed by Tobias Ackermann (editor), Sebastian Wuschka (editor)

• Publisher: Brill
• Year: 2021
• Tongue: English
• Leaves: 538
• Series: Nijhoff International Investment Law 15
• Category: Library

✦ Synopsis

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.

✦ Table of Contents

Contents
Foreword: The Role of International Investment Law in Conflict Scenarios • Marco Sassòli
Acknowledgements
Abbreviations
Notes on Contributors
Table of Cases
Introduction: Investments in Conflict Zones • Tobias Ackermann and Sebastian Wuschka
Part 1: Investment Law and Armed Conflicts
1 International Law in Revolutionary Upheavals: On the Tension between International Investment Law and International Humanitarian Law • Tillmann Rudolf Braun
2 The Genealogy of Extended War Clauses: Requisition and Destruction of Property in Armed Conflicts • Ira Ryk-Lakhman
3 Full Protection and Security from Physical Security to Environmental Security: Its Limitations and Future Possibilities • Emily Sipiorski
4 The Effect of Armed Hostilities on Investment Treaty Obligations: A Case of Force Majeure? • Christina Binder and Philipp Janig
Part 2: Investment Law and Disputed Territories
5 The Concept of ‘Territory’ in bits of Disputing Sovereigns • Markus P Beham
6 The Protection of Foreign Investments in Disputed Maritime Areas • Marco Benatar and Valentin J Schatz
7 Parallel Proceedings Arising from Uncertain Territorial and Maritime Boundaries • Christine Sim
8 Representation of States in Investment Arbitrations Involving Governments Competing for International Recognition • Réka A Papp
9 The Substantive and Procedural Protection of Investments under Article 1 Protocol 1 to the ECHR and Its Value in Cases of Territorial Conflicts • Isabella Risini
Part 3: Investment Law and Its Application to Annexed Territories and in ‘Frozen’ Conflicts
10 The Application of Investment Treaties in Occupied or Annexed Territories and ‘Frozen’ Conflicts: Tabula Rasa or Occupata? • Kit De Vriese
11 The Duty of Non-Recognition and EU Free Trade Agreements: Lessons for Investment Law from the Case of Front Polisario • Stefan Lorenzmeier
12 Assessing the Role and Effects of Domestic Investment Statutes in Frozen Conflict Situations: The Example of Transnistria/Pridnestrovie • Vladlena Lisenco and Karsten Nowrot
13 Investment Law and the Conflict in the Donbas Region: Legal Challenges in a Special Case • Stefan Lorenzmeier and Maryna Reznichuk
14 International Investment Law in the Context of State Fragility: Full Protection and Security and Fair and Equitable Treatment • Johanna Baumann
Index