The Interplay of Investment Law and International Humanitarian Law

Abstract

This chapter examines the interplay of investment law and international humanitarian law. It rebuts the popular doctrinal views that the interaction between the two legal regimes is likely to give rise to normative conflicts, with international humanitarian law displacing investment law. By analysing AAPL v Sri Lanka award, it demonstrates how the norms in the respective regimes co-exist and complement each other. In particular, it shows how the duty to exercise due diligence in targeting operations (including the use of precautions and the principle of proportionality) overlaps in different legal frameworks. It thereby highlights the potential of investment tribunals to contribute to more humane conduct in hostilities. It concludes with a systemic overview of methods for minimising normative tensions between different normative systems.