The Effects Of Armed Conflict On Investment Treaties

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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 : 45,6 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.

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 : 45,9 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.

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 : 55,9 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.

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 : 43,7 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 : 55,7 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 : Nijhoff International Investme
Page : 491 pages
File Size : 55,9 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.

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 : 54,8 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.

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 : 44,9 Mb
Release : 2022-08-25
Category : Law
ISBN : 9781009207836

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

The book explores the effects of armed conflict and international humanitarian law on the interpretation and application of investment treaties.

An Introduction to the International Law of Armed Conflicts

Robert Kolb,Richard Hyde
An Introduction to the International Law of Armed Conflicts Book PDF

Author : Robert Kolb,Richard Hyde
Publisher : Bloomsbury Publishing
Page : 372 pages
File Size : 55,7 Mb
Release : 2008-09-17
Category : Law
ISBN : 9781847314604

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An Introduction to the International Law of Armed Conflicts by Robert Kolb,Richard Hyde Pdf

This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.

Fair and Equitable Treatment

United Nations Conference on Trade and Development
Fair and Equitable Treatment Book PDF

Author : United Nations Conference on Trade and Development
Publisher : Unknown
Page : 0 pages
File Size : 49,5 Mb
Release : 2012
Category : Discrimination
ISBN : 9211128277

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Fair and Equitable Treatment by United Nations Conference on Trade and Development Pdf

"In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.

The WTO and International Investment Law

Jürgen Kurtz
The WTO and International Investment Law Book PDF

Author : Jürgen Kurtz
Publisher : Cambridge University Press
Page : 327 pages
File Size : 46,8 Mb
Release : 2016-01-25
Category : Law
ISBN : 9781107009707

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The WTO and International Investment Law by Jürgen Kurtz Pdf

Jürgen Kurtz provides a theoretically grounded and doctrinally tractable framework to understand the relationship between international trade and investment law.

A Guide to State Succession in International Investment Law

Patrick Dumberry
A Guide to State Succession in International Investment Law Book PDF

Author : Patrick Dumberry
Publisher : Edward Elgar Publishing
Page : 552 pages
File Size : 55,7 Mb
Release : 2018-07-27
Category : Law
ISBN : 9781788116619

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A Guide to State Succession in International Investment Law by Patrick Dumberry Pdf

A Guide to State Succession in International Investment Law provides a comprehensive analysis of State succession issues arising in the context of international investment law. The author examines whether a successor State is bound by the investment treaties and State contracts which the predecessor State had signed with other States and foreign investors before the date of succession. Actors who are called upon to apply rules of State succession in investment arbitration cases will find this book a valuable source of practical guidance with strong theoretical foundations.

Customary International Humanitarian Law

Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge
Customary International Humanitarian Law Book PDF

Author : Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge
Publisher : Cambridge University Press
Page : 610 pages
File Size : 52,5 Mb
Release : 2005-03-03
Category : Law
ISBN : 9780521808996

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Customary International Humanitarian Law by Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge Pdf

Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

Integrating Sustainable Development Into International Investment Agreements

John Anthony VanDuzer,J. Anthony VanDuzer,Penelope Simons,Graham Mayeda
Integrating Sustainable Development Into International Investment Agreements Book PDF

Author : John Anthony VanDuzer,J. Anthony VanDuzer,Penelope Simons,Graham Mayeda
Publisher : Commonwealth Secretariat
Page : 605 pages
File Size : 47,8 Mb
Release : 2013
Category : Business & Economics
ISBN : 9781849290869

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Integrating Sustainable Development Into International Investment Agreements by John Anthony VanDuzer,J. Anthony VanDuzer,Penelope Simons,Graham Mayeda Pdf

This Guide is designed to assist developing countries to negotiate International Investment Agreements (IIAs) that are more effective in promoting their sustainable development. A useful reference tool for developing country negotiators and interested parties.

Conceptual and Contextual Perspectives on the Modern Law of Treaties

Michael J. Bowman,Dino Kritsiotis
Conceptual and Contextual Perspectives on the Modern Law of Treaties Book PDF

Author : Michael J. Bowman,Dino Kritsiotis
Publisher : Cambridge University Press
Page : 1171 pages
File Size : 44,5 Mb
Release : 2018-10-31
Category : Law
ISBN : 9781107100527

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Conceptual and Contextual Perspectives on the Modern Law of Treaties by Michael J. Bowman,Dino Kritsiotis Pdf

In recent years there has been a flourishing body of work on the Law of Treaties, crucial for all fields within international law. However, scholarship on modern treaty law falls into two distinct strands which have not previously been effectively synthesized. One concerns the investigation of concepts which are fundamental to or inherent in the law of treaties generally - such as consent, object and purpose, breach of obligation and provisional application - while the other focuses upon the application of treaties and of treaty law in particular substantive (e.g. human rights, international humanitarian law, investment protection, environmental regulation) or institutional contexts (including the Security Council, the World Health Organization, the International Labour Organization and the World Trade Organization). This volume represents the culmination of a series of collaborative explorations by leading experts into the operation, development and effectiveness of the modern law of treaties, as viewed through these contrasting perspectives.