The Effects of Armed Conflict on Investment Treaties

The book explores the effects of armed conflict and international humanitarian law on the interpretation and application of investment treaties.

Tobias Ackermann (Author)

9781009207836, Cambridge University Press

Hardback, published 25 August 2022

304 pages
23.5 x 15.7 x 2.5 cm, 0.73 kg

This book analyses the multi-faceted impact armed conflict has on investment treaties. Refuting the common association of the outbreak of hostilities with the termination or suspension of treaties, it not only makes a case for the continuity of investment treaties. The book argues that the impact of armed conflict on such agreements goes far beyond these questions: Changed factual circumstances and public interests as well as international humanitarian law heavily influence the application and interpretation of investment protection standards. The book argues that investment treaties can and must channel these effects to remain effective during armed conflict and strike a fair balance between investor and public interests. It shows ways in which contextual and systemic interpretation, respect for reasonable state action, and careful treaty design can ensure that investment treaties continue to fulfil their purpose of strengthening compliance with legal rules also in times of armed conflict.

Part I. The Continuity of Investment Treaties: 1. The Prospects for Unilateral Termination and Suspension
2. The Doctrine of the Effects of Armed Conflicts on Treaties: Unilateral Termination or Suspension beyond General Rules?
Part II. Investment Protection and the Role of International Humanitarian Law: 3. Investment Treaties and International Humanitarian Law: A Relationship of Interpretation
4. Investment Protection under International Humanitarian Law
Part III. Investment Protection Standards during Armed Conflict: 5. Armed Conflict Clauses
6. Full Protection and Security
7. Expropriation
8. Fair and Equitable Treatment
Part IV. Exceptions and Defences: 9. Security Exceptions
10. Circumstances Precluding Wrongfulness
11. Limitations on Liability
Bibliography
Index.

Subject Areas: International organisations & institutions [LBBU], International humanitarian law [LBBS], Armed conflict [JPWS], International relations [JPS]