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The Protection of Foreign Investment in Times of Armed Conflict最新文献

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Investment Treaty Protections against Conflict-Related Injuries 保护投资条约免受冲突相关伤害
The Protection of Foreign Investment in Times of Armed Conflict Pub Date : 2019-09-12 DOI: 10.1093/oso/9780198830375.003.0004
Jure Zrilič
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引用次数: 0
The Effects of Armed Conflicts on Investment Treaties 武装冲突对投资条约的影响
The Protection of Foreign Investment in Times of Armed Conflict Pub Date : 2019-09-12 DOI: 10.1093/oso/9780198830375.003.0003
Jure Zrilič
{"title":"The Effects of Armed Conflicts on Investment Treaties","authors":"Jure Zrilič","doi":"10.1093/oso/9780198830375.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780198830375.003.0003","url":null,"abstract":"This chapter explores whether the outbreak of armed conflict could result in the termination or suspension of investment treaties. It critically inspects the International Law Commission’s codification project on the effects of armed conflicts on treaties, and argues that certain types of conflicts could result in the suspension of certain investment treaty provisions when warranted by security concerns. In addition, it considers the doctrines of supervening impossibility to perform and fundamental change of circumstances, and argues that the former, in particular, could justify the suspension of an investment treaty provision. However, such disruptions to treaty operation are limited to the most severe armed conflicts of the highest magnitude.","PeriodicalId":216149,"journal":{"name":"The Protection of Foreign Investment in Times of Armed Conflict","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134515968","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Host State’s Defences against Conflict-Related Investment Claims 东道国对与冲突有关的投资索赔的抗辩
The Protection of Foreign Investment in Times of Armed Conflict Pub Date : 2019-09-12 DOI: 10.1093/oso/9780198830375.003.0005
Jure Zrilič
{"title":"Host State’s Defences against Conflict-Related Investment Claims","authors":"Jure Zrilič","doi":"10.1093/oso/9780198830375.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780198830375.003.0005","url":null,"abstract":"This chapter explores the defence tools that a host state can use against conflict-related investment claims. The first part analyses security exceptions which have been introduced to investment protection law after the Second World War. While it is widely believed that such exceptions provide for the most persuasive safeguard of the state’s security interests, it is argued that their effectiveness will depend on the wording of the provision, determining their scope, the degree of autonomy given to a state in responding to a security threat, and their relationship with other treaty provisions. The chapter addresses these aspects. The second part focuses on the defences in the general law of state responsibility (necessity, force majeure, and countermeasures), explaining why their potential as a defence is limited.","PeriodicalId":216149,"journal":{"name":"The Protection of Foreign Investment in Times of Armed Conflict","volume":"50 51","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113934180","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Legal Frameworks for the Protection of Foreign Investment in Times of Armed Conflict 武装冲突时期保护外国投资的法律框架
The Protection of Foreign Investment in Times of Armed Conflict Pub Date : 2019-09-12 DOI: 10.1093/oso/9780198830375.003.0002
Jure Zrilič
{"title":"Legal Frameworks for the Protection of Foreign Investment in Times of Armed Conflict","authors":"Jure Zrilič","doi":"10.1093/oso/9780198830375.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780198830375.003.0002","url":null,"abstract":"This chapter presents three legal frameworks which provide foreign investors protections against effects of armed conflict: the law of state responsibility for injuries to foreigners under customary international law, international humanitarian law, and international human rights law. Particularly influential were the customary rules on the treatment of aliens, shaped by the disagreements between developed and developing countries, and clarified through the case law of mixed claims commissions and arbitrations of the late nineteenth and early twentieth century. The chapter explains how the rules on protection of property in times of armed conflict have evolved, how they have been interpreted across different legal regimes, and discusses similarities and differences, thus setting the scene for the examination of investment treaty law in the subsequent chapters.","PeriodicalId":216149,"journal":{"name":"The Protection of Foreign Investment in Times of Armed Conflict","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133579133","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Interplay of Investment Law and International Humanitarian Law 投资法与国际人道主义法的相互作用
The Protection of Foreign Investment in Times of Armed Conflict Pub Date : 2019-09-12 DOI: 10.1093/oso/9780198830375.003.0006
Jure Zrilič
{"title":"The Interplay of Investment Law and International Humanitarian Law","authors":"Jure Zrilič","doi":"10.1093/oso/9780198830375.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780198830375.003.0006","url":null,"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.","PeriodicalId":216149,"journal":{"name":"The Protection of Foreign Investment in Times of Armed Conflict","volume":"583 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123988582","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Investment Treaty Claims and Post-Conflict Justice 投资条约索赔和冲突后司法
The Protection of Foreign Investment in Times of Armed Conflict Pub Date : 2019-09-12 DOI: 10.1093/oso/9780198830375.003.0007
Jure Zrilič
{"title":"Investment Treaty Claims and Post-Conflict Justice","authors":"Jure Zrilič","doi":"10.1093/oso/9780198830375.003.0007","DOIUrl":"https://doi.org/10.1093/oso/9780198830375.003.0007","url":null,"abstract":"This chapter focuses on the post-conflict period and critically assesses how investment treaty claims can interfere with the transition to peace. It questions the role of investment treaties as a facilitator of peace as well as the position that investor−state arbitration is an optimal structure for remedying conflict-related losses. Based on the assumption that large compensation awards may adversely affect the host state’s post-conflict transition, it examines different methods for adjusting post-conflict compensation modalities in light of the transitional circumstances. It further compares investor−state arbitration to other regimes for remedying conflict-related losses, and argues that in some cases, the re-emergence of state control in a dispute resolution process could be justified.","PeriodicalId":216149,"journal":{"name":"The Protection of Foreign Investment in Times of Armed Conflict","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121951259","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Conclusion 结论
The Protection of Foreign Investment in Times of Armed Conflict Pub Date : 2019-09-12 DOI: 10.1093/oso/9780198830375.003.0008
Jure Zrilič
{"title":"Conclusion","authors":"Jure Zrilič","doi":"10.1093/oso/9780198830375.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780198830375.003.0008","url":null,"abstract":"This chapter concludes the book. Drawing on the findings of the preceding chapters, it proposes the analytical framework for the appraisal of investment treaty protections in times of armed conflict. Specifically, it argues that how the competing objectives will be balanced at different stages of investment treaty claims depends on the combination of the paradigm dominating a particular treaty (investment v security), and the type and conditions of a conflict giving rise to the investment claim. It summarizes how the paradigms have shifted through the evolution of the investment protection rules and ultimately advocates a paradigm that combines both investment and security approaches.","PeriodicalId":216149,"journal":{"name":"The Protection of Foreign Investment in Times of Armed Conflict","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130904830","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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