International Investment Law and the Law of Armed Conflict

1. Front Matter

   Pages i-xviii

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2. War and Peace in International Investment Law

   • Christoph Schreuer

   Pages 1-21

3. Evaluating Social Benefits and Costs of Investment Treaties: Depoliticization of Investment Disputes

   • Ursula Kriebaum

   Pages 23-42

4. Between War and Peace: Intermittent Armed Conflict and Investment Arbitration

   • Ana Maria Daza-Clark, Daniel Behn

   Pages 43-66

5. Investments Under Occupation: The Application of Investment Treaties to Occupied Territory

   • Tobias Ackermann

   Pages 67-92

6. An Overview of State Succession Issues Arising as a cResult of an Armed Conflict

   • Patrick Dumberry

   Pages 93-111

7. Kosovo and Foreign Investment Protection

   • Antonis Bredimas

   Pages 113-128

8. Procedural Aspects of the Obligation of Non-Recognition Before International Investment Tribunals

   • Sebastian Wuschka

   Pages 129-151

9. Exploring the Links Between Nationality Changes and Investment Claims Arising Out of Armed Conflicts: The Case of Russian Passportization in Crimea

   • Belen Olmos Giupponi

   Pages 153-172

10. 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

    • Laura Rees-Evans

    Pages 173-197

11. Non-discrimination and the Protection of Foreign Investments in the Context of an Armed Conflict

    • Michail Risvas

    Pages 199-215

12. The Full Protection and Security Standard in Investment Law: A Specific Obligation?

    • Sébastien Manciaux

    Pages 217-228

13. Armed Conflicts and Customary International Law on Investment: Codification and Fragmentation of “Protection and Security”

    • Kong Soon Lim

    Pages 229-257

14. Protection of Foreign Investments Against the Effects of Hostilities: A Framework for Assessing Compliance with Full Protection and Security

    • Ira Ryk-Lakhman

    Pages 259-282

15. Protection of Investments in War-Torn States: A Practitioner’s Perspective on War Clauses in Bilateral Investment Treaties

    • Suzanne Spears, Maria Fogdestam Agius

    Pages 283-317

16. Investment Treaty Security Exceptions, Necessity and Self-Defence in the Context of Armed Conflict

    • Caroline Henckels

    Pages 319-340

17. Supervening Impossibility of Performance and the Effect of Armed Conflict on Investment Treaties: Any Room for Manoeuvre?

    • Gabriele Gagliani

    Pages 341-361

18. Awarding Damages in Times of Armed Conflict: An Emerging Standard of “Economic Capacity” for the Host State

    • Jose Gustavo Prieto Muñoz

    Pages 363-383

19. The Cross-Fertilisation of International Investment Law and International Humanitarian Law: Prospects and Pitfalls

    • Teerawat Wongkaew

    Pages 385-409

20. International Investment Arbitration and Non-binding Standards Applicable in Conflict: Parallel or Merging Worlds?

    • Merryl Lawry-White

    Pages 411-438

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
• Law of armed conflicts
• Humanitarian law
• Termination and suspension of treaties in times of war
• Occupied territory
• Disputed territory
• BIT
• Investment treaty
• Investor's rights
• International arbitration
• Transitional justice
• Military occupation
• War
• Peace agreement
• Kosovo
• Iran
• Lybia
• Crimea
• Ukraine

• Law School, University of Zaragoza, Zaragoza, Spain

  Katia Fach Gómez

• Athens Public International Law Center, National and Kapodistrian University of Athens, Athens, Greece

  Anastasios Gourgourinis

• French National Centre for Scientific Research (CNRS)-CERSA, University Paris II Panthéon-Assas, Paris, France

  Catharine Titi

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