Chapter 5 The Concept of ‘Territory’ in BITs of Disputing Sovereigns

In: Investments in Conflict Zones
Author:
Markus P Beham
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Abstract

The concept of ‘territory’ or ‘area’, as it is often found in bilateral investment treaties (bits) or multilateral agreements with investment provisions, is usually included as a jurisdictional condition to limit the application to investments with at least some form of territorial nexus. This chapter embarks on the hermeneutical exercise of looking at the various definitions of territory included in bits of ‘disputing sovereigns’, seeking to explore whether there is any connection between political positions and the scope assigned to such treaties. Case studies on China and Taiwan, North and South Korea, Cyprus, Georgia, Israel, and Kosovo offer an empirical perspective on state practice with regard to this specific question with a view to induct an overall pattern if possible.

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Investments in Conflict Zones

The Role of International Investment Law in Armed Conflicts, Disputed Territories, and ‘Frozen’ Conflicts

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