Investment And Human Rights In Armed Conflict

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International Investment Law and the Law of Armed Conflict

Katia Fach Gómez,Anastasios Gourgourinis,Catharine Titi
International Investment Law and the Law of Armed Conflict Book PDF

Author : Katia Fach Gómez,Anastasios Gourgourinis,Catharine Titi
Publisher : Springer
Page : 542 pages
File Size : 44,9 Mb
Release : 2019-08-05
Category : Law
ISBN : 9783030107468

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International Investment Law and the Law of Armed Conflict by Katia Fach Gómez,Anastasios Gourgourinis,Catharine Titi Pdf

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.

Investment and Human Rights in Armed Conflict

Daria Davitti
Investment and Human Rights in Armed Conflict Book PDF

Author : Daria Davitti
Publisher : Bloomsbury Publishing
Page : 299 pages
File Size : 48,6 Mb
Release : 2019-05-30
Category : Law
ISBN : 9781509911646

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Investment and Human Rights in Armed Conflict by Daria Davitti Pdf

This book analyses the way in which international human rights law (IHRL) and international investment law (IIL) are deployed – or fail to be deployed – in conflict countries within the context of natural resources extraction. It specifically analyses the way in which IIL protections impact on the parallel protection of economic, social and cultural rights (ESC rights) in the host state, especially the right to water. Arguing that current responses have been unsatisfactory, it considers the emergence of the 'Protect, Respect and Remedy' framework and the Guiding Principles for Business and Human Rights (jointly the Framework) as a possible analytical instrument. In so doing, it proposes a different approach to the way in which the Framework is generally interpreted, and then investigates the possible applicability of this 'recalibrated' Framework to the study of the IHRL-IIL interplay in a host country in a protracted armed conflict: Afghanistan. Through the emblematic example of Afghanistan, the book presents a practical dimension to its legal analysis. It uniquely portrays the elusive intersection between these two bodies of international law within a host country where the armed conflict continues to rage and a full economic restructuring is taking place away from the public eye, not least through the deployment of IIL and the inaction – or merely partial consideration – of IHRL. The book will be of interest to academics, policy-makers, and practitioners of international organisations involved in IHRL, IIL and/or deployed in contexts of armed conflict.

Investments in Conflict Zones

Tobias Ackermann,Sebastian Wuschka
Investments in Conflict Zones Book PDF

Author : Tobias Ackermann,Sebastian Wuschka
Publisher : BRILL
Page : 537 pages
File Size : 42,9 Mb
Release : 2020-12-15
Category : Law
ISBN : 9789004442832

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Investments in Conflict Zones by Tobias Ackermann,Sebastian Wuschka Pdf

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.

The Protection of Foreign Investment in Times of Armed Conflict

Jure Zrilic
The Protection of Foreign Investment in Times of Armed Conflict Book PDF

Author : Jure Zrilic
Publisher : Oxford University Press, USA
Page : 321 pages
File Size : 47,8 Mb
Release : 2019-10-12
Category : Law
ISBN : 9780198830375

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The Protection of Foreign Investment in Times of Armed Conflict by Jure Zrilic Pdf

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.

The Effects of Armed Conflict on Investment Treaties

Tobias Ackermann
The Effects of Armed Conflict on Investment Treaties Book PDF

Author : Tobias Ackermann
Publisher : Cambridge University Press
Page : 401 pages
File Size : 43,8 Mb
Release : 2022-08-25
Category : Law
ISBN : 9781009207782

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The Effects of Armed Conflict on Investment Treaties by Tobias Ackermann Pdf

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.

Investment Law within International Law

Freya Baetens
Investment Law within International Law Book PDF

Author : Freya Baetens
Publisher : Cambridge University Press
Page : 569 pages
File Size : 50,7 Mb
Release : 2013-08-01
Category : Law
ISBN : 9781107434912

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Investment Law within International Law by Freya Baetens Pdf

Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.

Beyond Human Rights

Anne Peters
Beyond Human Rights Book PDF

Author : Anne Peters
Publisher : Cambridge University Press
Page : 645 pages
File Size : 41,5 Mb
Release : 2016-10-27
Category : Law
ISBN : 9781107164307

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Beyond Human Rights by Anne Peters Pdf

Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

War, Conflict and Human Rights

Chandra Lekha Sriram,Olga Martin-Ortega,Johanna Herman
War Conflict and Human Rights Book PDF

Author : Chandra Lekha Sriram,Olga Martin-Ortega,Johanna Herman
Publisher : Routledge
Page : 272 pages
File Size : 50,6 Mb
Release : 2014-01-16
Category : History
ISBN : 9781135019464

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War, Conflict and Human Rights by Chandra Lekha Sriram,Olga Martin-Ortega,Johanna Herman Pdf

"War, Conflict and Human Rights is an innovative, interdisciplinary textbook combining aspects of law, politics, and conflict analysis to examine the relationship between human rights and armed conflict. This second edition has been revised and updated, making use of both theoretical and practical approaches. Over the course of the book, the authors: - examine the tensions and complementarities between protection of human rights and resolution of conflict, including the competing political demands and the challenges posed by internal armed conflict; - analyse the different obligations and legal regimes applicable to state and non-state actors, including non-state armed groups, multinational corporations and private military and security companies; - explore the scope and effects of human rights violations in contemporary armed conflicts, such as those in Sierra Leone, Sudan, the Democratic Republic of Congo, the former Yugoslavia, and Cambodia, and reflect on recent events of the "Arab Spring"; - assess the legal and institutional accountability mechanisms developed in the wake of armed conflict to punish violations of human rights law, and international humanitarian law such as the ad hoc tribunals for the former Yugoslavia and Rwanda, and the International Criminal Court, as well as other mechanisms of transitional justice; - discuss continuing and emergent global trends and challenges in the fields of human rights and conflict analysis. This volume will be essential reading for students of war and conflict studies, human rights, and international humanitarian law, and highly recommended for students of conflict resolution, peacebuilding, international security and international relations, generally"--

Practitioners' Guide to Human Rights Law in Armed Conflict

Daragh Murray
Practitioners Guide to Human Rights Law in Armed Conflict Book PDF

Author : Daragh Murray
Publisher : Oxford University Press
Page : 400 pages
File Size : 41,8 Mb
Release : 2016
Category : Law
ISBN : 9780198791393

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Practitioners' Guide to Human Rights Law in Armed Conflict by Daragh Murray Pdf

Although the relationship between international human rights law and the law of armed conflict has been the subject of significant recent academic discussion, there remains a lack of comprehensive guidance in identifying the law applicable to specific situations faced by military forces. Providing guidance for armed forces and practitioners on the detailed application of international human rights law during armed conflict, this book fills that gap. Part 1 of the volume details foundational information relating to international human rights law and human rights institutions, the types of operations that States' armed forces engage in, and how the law of armed conflict and international human rights law apply to regulate different situations. Part 2 provides practical guidance as to the legal regulation of specific situations, including discussion of the conduct of hostilities, detention operations, humanitarian assistance, cyber operations, and investigations. This book is the result of an in-depth process involving both academic and practitioner experts in the law of armed conflict and international human rights law who were convened in meetings at Chatham House chaired by Elizabeth Wilmshurst, Distinguished Fellow at Chatham House. The group included Professor Francoise Hampson, Essex University; Professor Dapo Akande, Oxford University; Charles Garraway, Fellow at Essex University; Professor Noam Lubell, Essex University; Michael Meyer, British Red Cross; and Daragh Murray, Lecturer at Essex University.

Investments in Conflict Zones

Tobias Ackermann,Sebastian Wuschka
Investments in Conflict Zones Book PDF

Author : Tobias Ackermann,Sebastian Wuschka
Publisher : Nijhoff International Investme
Page : 491 pages
File Size : 41,9 Mb
Release : 2020-12-17
Category : Business & Economics
ISBN : 9004442804

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Investments in Conflict Zones by Tobias Ackermann,Sebastian Wuschka Pdf

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.

War by Contract

Francesco Francioni,Natalino Ronzitti
War by Contract Book PDF

Author : Francesco Francioni,Natalino Ronzitti
Publisher : Oxford University Press, USA
Page : 578 pages
File Size : 44,7 Mb
Release : 2011-01-13
Category : History
ISBN : 9780199604555

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War by Contract by Francesco Francioni,Natalino Ronzitti Pdf

The conduct of armed conflict is increasingly being outsourced to private military and security companies, whose legal position remains unclear. This book identifies and analyses the human rights and humanitarian law framework applicable to these companies, examining how they can be held to account and how victims can obtain remedies.

Human Rights in Armed Conflict

Gerd Oberleitner
Human Rights in Armed Conflict Book PDF

Author : Gerd Oberleitner
Publisher : Cambridge University Press
Page : 433 pages
File Size : 44,5 Mb
Release : 2015-03-05
Category : Law
ISBN : 9781107087545

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Human Rights in Armed Conflict by Gerd Oberleitner Pdf

A comprehensive analysis of the legal challenges and practical consequences of applying international human rights law in armed conflict situations.

Business, Human Rights and Transitional Justice

Irene Pietropaoli
Business Human Rights and Transitional Justice Book PDF

Author : Irene Pietropaoli
Publisher : Routledge
Page : 240 pages
File Size : 52,7 Mb
Release : 2020-05-07
Category : Business & Economics
ISBN : 9781000066067

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Business, Human Rights and Transitional Justice by Irene Pietropaoli Pdf

This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law ‒ either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.

Rethinking International Law and Justice

Professor Charles Sampford,Professor Derya Aydin Okur,Professor Spencer Zifcak
Rethinking International Law and Justice Book PDF

Author : Professor Charles Sampford,Professor Derya Aydin Okur,Professor Spencer Zifcak
Publisher : Ashgate Publishing, Ltd.
Page : 361 pages
File Size : 52,8 Mb
Release : 2015-01-28
Category : Law
ISBN : 9781472426703

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Rethinking International Law and Justice by Professor Charles Sampford,Professor Derya Aydin Okur,Professor Spencer Zifcak Pdf

This collection considers how general principles of law and underlying theories of justice from political science and international relations make a significant contribution to our understanding of the constituent elements of global justice. The book explores justice arising in specific areas of international law, including international humanitarian law, and examines the significance of non-state actors for the development of international law. The lessons derived from this research have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice.

The Handbook of International Humanitarian Law

Michael Bothe
The Handbook of International Humanitarian Law Book PDF

Author : Michael Bothe
Publisher : Oxford University Press
Page : 767 pages
File Size : 43,6 Mb
Release : 2013-08-29
Category : History
ISBN : 9780199658800

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The Handbook of International Humanitarian Law by Michael Bothe Pdf

The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.