Titlebook: International Investment Law and the Law of Armed Conflict; Katia Fach Gómez,Anastasios Gourgourinis,Catharine Book 2019 Springer Nature S

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Procedural Aspects of the Obligation of Non-Recognition Before International Investment Tribunals,non-recognition of illegal acquisition of territory could serve as a jurisdictional defence. Due to the illegality of the territorial acquisition, Russia could try to argue, its investment treaties would not apply . to Crimea. It is, however, highly unlikely that a State would invoke its own illegal

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Exploring the Links Between Nationality Changes and Investment Claims Arising Out of Armed Conflictestion at issue concerns ultimately the ability of foreign investors to submit an investment claim in the context of an armed conflict. Recent State practice such as the Russian “passportization policy” in Crimea and the investment claims arising after 2014 demonstrate the complexity of the question

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Litigating the Use of Force: Reflections on the Interaction Between Investor-State Dispute Settleme to lead to close scrutiny by a plethora of international courts and tribunals that have been seized of disputes arising out of the conflict. Ukraine has launched no fewer than nine inter-State proceedings against Russia, in multiple fora. To date, it appears not to have taken advantage of the possi

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,Armed Conflicts and Customary International Law on Investment: Codification and Fragmentation of “Protection. This paper considers the utility of customary international law during armed conflict and the compatibility in the interaction between treaty and customary obligations, through the classical norm of the host State to provide protection and security on foreign investment. Applying existing

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,Protection of Investments in War-Torn States: A Practitioner’s Perspective on War Clauses in Bilateve suffered damage due to acts of war or civil unrest. The authors examine these so-called war clauses through the prism of the bilateral investment treaties of three States with histories of armed conflict: Libya, Syria and Yemen. They find that war clauses display a striking diversity in the degre

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Investment Treaty Security Exceptions, Necessity and Self-Defence in the Context of Armed Conflict,necessity and self-defence,?both in general and in the context?of armed conflict. Inconsistent interpretations of these provisions by investment tribunals and annulment committees and by the International Court of Justice under treaties of friendship, commerce and navigation have only added to this

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Supervening Impossibility of Performance and the Effect of Armed Conflict on Investment Treaties: Aeveral regions of the world. This chapter addresses the specific question of whether there is any space (and how much of it) for a host State to successfully invoke the doctrine or principle of supervening impossibility of performance in respect of international investment agreements when an armed c