The Application of Foreign Investment Protection in Times of Armed Conflict

The monograph presents scenarios of situations where foreign investments suffer damage. These model scenarios are based on thorough analysis of real cases, facts from the ground and recent arbitral practice (relating namely to arbitrations against Russia, Syria or Libya). This allows the author, in the next step, to ascertain what rules are applicable to the conduct of states towards foreign investments, but also to demonstrate how they apply in real-case scenarios. In particular, the work identifies and applies to these tailored scenarios relevant norms of international investment law, international humanitarian law and international human rights law. These regimes are relevant for protection of foreign investment, but they differ as to the situations they govern, parties whose conduct they regulate and obligations they stipulate. It is therefore appropriate to analyse in their interconnection how these rules govern typical situations that may arise during armed conflict and what particularly they prescribe. On the basis of application of these rules on the defined scenarios, the monograph focuses on the issue of applicability of investment treaties in occupied territories and on interactions and on the issue of conflict of norms in situations where foreign investments qualify as military objectives.

Presents the growing body of theory and case-law around the protection of foreign investments during conflict Highlights the growing number of investor-state arbitrations and their implications Builds on the current legal framework used to govern the conduct of states towards foreign investments

Autorentext

Petr Stejskal is a senior lecturer at the Faculty of Law, Palacký University Olomouc. He is also a member of the affiliated Centre for International Humanitarian and Operational Law (jointly established by the Faculty of Law and Special Forces of the Army of the Czech Republic). He also works as a part-time officer-lawyer at the Ministry of Industry and Trade of the Czech Republic (agenda of economic resilience).

Inhalt

1. Introduction.-2. Preliminary Remarks.-3. Scenarios of conflict-related damage to foreign investments.-4.Legal framework applicable to foreign investments in conflict-related scenarios.-5.Interpretation of the Notion of Territory.-6.The Interplay of Fields of International Law in Case of Foreign Investments.-7.Conclusion