SOI - Save Our Investments ! : international investment law and international humanitarian law
Heather L. Bray
Host item entries:
The journal of world investment and trade, Vol. 14, issue 3, 2013, p. 578-594
This article reviews the interaction between international humanitarian law (IHL) and international investment law (IIL). Specifically, this article analyses the point of intersection between IHL and IIL through the application of the full protection and security standard in times of armed conflict. From this comparative exercise, the author concludes that while IHL and IIL share important similarities, the clear absence of an individual complaints procedure for victims of IHL provides a clear point of departure. Unlike IHL, IIL provides foreign investors with the ability to submit a claim directly to an international forum for harm suffered during an armed conflict. This difference has enabled the international community to respond to the unique distress signal of one particular group of victims in times of armed conflict – foreign investors.