The protection of foreign investment in times of armed conflict
Author zone:
Jure Zrilic
Editor:
Oxford : Oxford University Press
Physical description:
XLII, 268 p. ; 24 cm
ISBN:
978-0-19-883037-5
Languages:
English
General Note:
Bibliography : p. 239-254. Index
Abstract:
This book explores how foreign investment is protected in times of armed conflict under the investment treaty regime. While the protections have evolved over time, with the investment treaty regime providing the strongest legal framework for protecting investors yet, there has been an apparent shift in treaty practice towards safeguarding a state's security interests. Jure Zrilic identifies and analyses the flaws in the existent normative framework, but also highlights the potential that investment treaties have for minimising the devastating effects of armed conflict. The book offers an analytical framework for assessing the investment treaty regime in times of armed conflict, distinguishing between different paradigms and different types of conflicts. Crucially, he argues that a new approach is needed to appropriately balance the competing interests of host states and investors when it comes to investment protection in armed conflicts.