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Investments in Conflict Zones
The Role of International Investment Law in Armed Conflicts, Disputed Territories, and ‘Frozen’ Conflicts
Series: - Nijhoff International Investment Law Series, Volume: 15
Investments in Conflict Zones addresses the topical and underexplored role of international investment law in armed conflicts, disputed territories, and ‘frozen’ conflicts. The edited collection explores how these different conflict situations impact the application and interpretation of international investment law and how the protection of investors can be reconciled with the politically charged circumstances and state interests involved. Written by a selected group of experts from different fields of international law, the volume moves beyond the confines of investment law, offering novel insights on its intersection with the law of armed conflict, human rights law, the law of the sea, general international law and national laws, including those adopted by de facto regimes which lack recognition as states.
Tobias Ackermann currently is a law clerk at the Kammergericht in Berlin. Previously, he was a research associate at the Institute for International Law of Peace and Armed Conflict at Ruhr-University Bochum.
Sebastian Wuschka is a member of German law firm Luther’s complex disputes practice group in Hamburg, specializing in investment arbitration and public international law. He also serves as a visiting lecturer at Ruhr-University Bochum and Martin Luther University of Halle-Wittenberg.
Sebastian Wuschka is a member of German law firm Luther’s complex disputes practice group in Hamburg, specializing in investment arbitration and public international law. He also serves as a visiting lecturer at Ruhr-University Bochum and Martin Luther University of Halle-Wittenberg.
Foreword: The Role of International Investment Law in Conflict Scenarios
Marco Sassòli
Acknowledgements
Abbreviations
Notes on Contributors
Table of Cases
Introduction: Investments in Conflict Zones
Tobias Ackermann and Sebastian Wuschka
PART 1
Investment Law and Armed Conflicts
1 International Law in Revolutionary Upheavals – on the Tension between International Investment Law and International Humanitarian Law
Tillmann Rudolf Braun
2 The Genealogy of Extended War Clauses
Requisition and Destruction of Property in Armed Conflicts
Ira Ryk-Lakhman
3 Full Protection and Security from Physical Security to Environmental Security: Its Limitations and Future Possibilities
Emily Sipiorski
4 The Effect of Armed Hostilities on Investment Treaty Obligations: A Case of Force Majeure?
Christina Binder and Philipp Janig
PART 2
Investment Law and Disputed Territories
5 The Concept of ‘Territory’ in BITS of Disputing Sovereigns
Markus P Beham
6 The Protection of Foreign Investments in Disputed Maritime Areas
Marco Benatar and Valentin J Schatz
7 Parallel Proceedings Arising from Uncertain Territorial and Maritime Boundaries
Christine Sim
8 Representation of States in Investment Arbitrations Involving Governments Competing for International Recognition
Réka A Papp
9 The Substantive and Procedural Protection of Investments under Article 1 Protocol 1 to the ECHR and Its Value in Cases of Territorial Conflicts
Isabella Risini
PART 3
Investment Law and Its Application to Annexed Territories and in ‘Frozen’ Conflicts
10 The Application of Investment Treaties in Occupied or Annexed Territories and ‘Frozen’ Conflicts: Tabula Rasa or Occupata?
Kit De Vriese
11 The Duty of Non-Recognition and EU Free Trade Agreements Lessons for Investment Law from the Case of Front Polisario
Stefan Lorenzmeier
12 Assessing the Role and Effects of Domestic Investment Statutes in Frozen Conflict Situations: The Example of Transnistria/Pridnestrovie
Vladlena Lisenco and Karsten Nowrot
13 Investment Law and the Conflict in the Donbas Region: Legal Challenges in a Special Case
Stefan Lorenzmeier and Maryna Reznichuk
14 International Investment Law in the Context of State Fragility: Full Protection and Security and Fair and Equitable Treatment
Johanna Baumann
Index
Marco Sassòli
Acknowledgements
Abbreviations
Notes on Contributors
Table of Cases
Introduction: Investments in Conflict Zones
Tobias Ackermann and Sebastian Wuschka
PART 1
Investment Law and Armed Conflicts
1 International Law in Revolutionary Upheavals – on the Tension between International Investment Law and International Humanitarian Law
Tillmann Rudolf Braun
2 The Genealogy of Extended War Clauses
Requisition and Destruction of Property in Armed Conflicts
Ira Ryk-Lakhman
3 Full Protection and Security from Physical Security to Environmental Security: Its Limitations and Future Possibilities
Emily Sipiorski
4 The Effect of Armed Hostilities on Investment Treaty Obligations: A Case of Force Majeure?
Christina Binder and Philipp Janig
PART 2
Investment Law and Disputed Territories
5 The Concept of ‘Territory’ in BITS of Disputing Sovereigns
Markus P Beham
6 The Protection of Foreign Investments in Disputed Maritime Areas
Marco Benatar and Valentin J Schatz
7 Parallel Proceedings Arising from Uncertain Territorial and Maritime Boundaries
Christine Sim
8 Representation of States in Investment Arbitrations Involving Governments Competing for International Recognition
Réka A Papp
9 The Substantive and Procedural Protection of Investments under Article 1 Protocol 1 to the ECHR and Its Value in Cases of Territorial Conflicts
Isabella Risini
PART 3
Investment Law and Its Application to Annexed Territories and in ‘Frozen’ Conflicts
10 The Application of Investment Treaties in Occupied or Annexed Territories and ‘Frozen’ Conflicts: Tabula Rasa or Occupata?
Kit De Vriese
11 The Duty of Non-Recognition and EU Free Trade Agreements Lessons for Investment Law from the Case of Front Polisario
Stefan Lorenzmeier
12 Assessing the Role and Effects of Domestic Investment Statutes in Frozen Conflict Situations: The Example of Transnistria/Pridnestrovie
Vladlena Lisenco and Karsten Nowrot
13 Investment Law and the Conflict in the Donbas Region: Legal Challenges in a Special Case
Stefan Lorenzmeier and Maryna Reznichuk
14 International Investment Law in the Context of State Fragility: Full Protection and Security and Fair and Equitable Treatment
Johanna Baumann
Index
All those interested in the intersections of investment law and other areas of international law (scholars, students, legal practitioners and specialists).