Chapter 3 Full Protection and Security from Physical Security to Environmental Security: Its Limitations and Future Possibilities
In: Investments in Conflict ZonesPurchase instant access (PDF download and unlimited online access):
Abstract
The full protection and security clause of investment agreements exposes itself to the possibilities of regime interaction by its very nature to protect the physical security of an investment, often manifested and realized during conflict. Using the relationship between fps and its due diligence standard during conflict as a basis for the analysis, this contribution proposes an extension of its applicability to physical protection resulting from environmental impacts. Recognizing the possibility of investment agreements to promote a more balanced realization of international norms, such an extension is proposed as an application of the fps provisions fully within the language of the treaties and equally limiting investor’s ability to claim because of their own contribution to the physical consequences. On a broader scale, the article proposes that the existing language of international investment agreements possesses a flexibility allowing for a balanced reworking of the system through an interpretation of protections that embraces investment law’s position within the larger system of international law.