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International Investment Law and the Law of Armed Conflict

Edited by: Katia Fach Gomez, Anastasios Gourgourinis, Catharine Titi

ISBN13: 9783030107451
Published: September 2019
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £119.99

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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.

International Investment Law
Katia Fach Gomez, Anastasios Gourgourinis and Catharine Titi, Editorial
Christoph Schreuer, Opening Keynote Lecture: War and Peace in International Investment Law
Ursula Kriebaum, Evaluating Social Benefits and Costs of Investment Treaties: Depoliticization of Investment Disputes
Ana Maria Daza-Clark and Daniel Behn, Between War and Peace: Intermittent Armed Conflict And Investment Arbitration
Tobias Ackermann, Investments under Occupation: The Application of Investment Treaties to Occupied Territory
Patrick Dumberry, An Overview of State Succession Issues Arising as a Result of an Armed Conflict
Antonis Bredimas, Kosovo and Foreign Investment Protection
Sebastian Wuschka, Procedural Aspects of the Obligation of Non-Recognition Before International Investment Tribunals
Belen Olmos Giupponi, The Links between Nationality Changes and Investment Claims arising out of Armed Conflicts: The Case of Russian Passportization in Crimea
Laura Rees-Evans, 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
Michail Risvas, Non-Discrimination and the Protection of Foreign Investments in the Context of an Armed Conflict
Sebastien Manciaux, The Full Protection and Security Standard in Investment Law: A Specific Obligation?
Kong Soon Lim, Armed Conflicts and Customary International Law on Investment: Codification and Fragmentation of "Protection and Security"
Ira Ryk-Lakhman, Protection of Foreign Investments against the Effects of Hostilities: A Framework for Assessing Compliance with "Full Protection and Security"
Suzanne Spears and Maria Fogdestam Agius, Protection of Investments in War-Torn States: A Practitioner's Perspective on War Clauses in Bilateral Investment Treaties
Caroline Henckels, Investment Treaty Security Exceptions, Necessity and Self-Defence in the Context of Armed Conflict
Gabriele Gagliani, Supervening Impossibility of Performance and the Effect of Armed Conflict on Investment Treaties: Any Room for Manoeuvre?
Jose Gustavo Prieto Munoz, Awarding Damages in times of Armed Conflict: An emerging standard of `Economic Capacity' for the Host State
Teerawat Wongkaew, The Cross-Fertilisation of International Investment Law and International Humanitarian Law: Prospects and Pitfalls
Merryl Lawry-White, International Investment Arbitration and Non-binding Standards Applicable in Conflict: Parallel or Merging Worlds?
Eleni Micha, Responsible Investment in Occupied Territories: Beyond the UN & OECD Principles
Kevin Crow, Corporations and Crimes Against Humanity: Financial Liability Through ISDS?
Lukas Vanhonnaeker, The Recourse to Private Military and Security Companies by Foreign Investors in Conflict-Affected Countries: Dangers, Opportunities and the Need to Regulate
Alain Pellet, Concluding Keynote Lecture: The Paradox of the Prohibition of the Use of Force in Contemporary International Law: Some Elementary Remarks.