The Concept of âTerritoryâ in BITs of Disputing Sovereigns

Markus P Beham

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Chapter 5 The Concept of âTerritoryâ in BITs of Disputing Sovereigns

In: Investments in Conflict Zones

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Markus P Beham

Markus P Beham
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Type:: Chapter

Pages:: 139â175

DOI:: https://doi.org/10.1163/9789004442832_007

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Abstract

The concept of âterritoryâ or âareaâ, 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 âdisputing sovereignsâ, 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 âFrozenâ Conflicts

Series:Â Nijhoff International Investment Law Series, Volume: 15

E-Book ISBN:: 9789004442832

Publisher:: Brill | Nijhoff

Print Publication Date:: 08 Dec 2020

Subjects
- International Law
  - International Law: General Interest
  - International Dispute Resolution & Arbitration

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Chapter 5 The Concept of âTerritoryâ in BITs of Disputing Sovereigns

Abstract

Citation Info

Share link with colleague or librarian

Investments in Conflict Zones

The Role of International Investment Law in Armed Conflicts, Disputed Territories, and âFrozenâ Conflicts

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Chapter 5 The Concept of âTerritoryâ in BITs of Disputing Sovereigns

The Role of International Investment Law in Armed Conflicts, Disputed Territories, and âFrozenâ Conflicts