The interaction between investment law and the law of armed conflict in the interpretation of full protection and security clauses
Gleider I. Hernández
Investment law within international law : integrationist perspectives
Cambridge : Cambridge university press, 2013
The present study focuses on the interaction of international investment law with the law governing armed conflict; a phenomenon of increasing importance, given the emergence of situations of violence in states that have, in recent years, actively entered in bilateral investment treaties (BITs). Many of these BITs contain so-called "full protection and security" clauses, which impose a positive obligation on contracting states to take measures to provide a certain measure of protection; the question remains whether this obligation can be said to remain unaffected by the emergence of a situations of armed conflict. This chapter is an attempt to consider the workings of investment law during situations of armed conflict through the prism of public international law. The first section considers the impact of armed conflict in public international law generally, and make the claim that international humanitarian law constitutes a form of lex specialis, which can come to modify, in case of conflict between them, treaty obligations such as those contained in BITs. The second section examines practice in the investment law sphere in relation to "full protection and security" clauses, in order to assess whether investment law has adopted an approach consistent with international law.
By entering this website, you consent to the use of technologies, such as cookies and analytics, to customise content, advertising and provide social media features. This will be used to analyse traffic to the website, allowing us to understand visitor preferences and improving our services. Learn more