Investment Law and the Conflict in the Donbas Region: Legal Challenges in a Special Case

Stefan Lorenzmeier; Maryna Reznichuk

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Chapter 13 Investment Law and the Conflict in the Donbas Region: Legal Challenges in a Special Case

In: Investments in Conflict Zones

Authors:

Stefan Lorenzmeier

Stefan Lorenzmeier
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Maryna Reznichuk

Maryna Reznichuk
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Type:: Chapter

Pages:: 431–457

DOI:: https://doi.org/10.1163/9789004442832_015

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Abstract

The contribution assesses the international and national legal challenges for investment law in the occupied territories of the Donbas. Investment protection in this area encounters difficulties on several levels. First, the two established de facto entities claiming to govern the territory – the Peoples’ Republics of Donetsk (dnr) and Luhansk (lnr) –are neither internationally recognized states nor do they fulfil the requirements of de facto regimes. Second, Russia denies any involvement although it pulls the strings and has to be regarded as the de facto occupant. Third, Ukraine is unable to exercise control over the occupied territories. After looking into the international law of occupation and attribution, the Ukrainian national laws of investment protection in the Donbas and rules of bilateral investment treaties, this chapter analyses international humanitarian law and the European Convention on Human Rights as possible avenues for investment protection.

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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

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 13 Investment Law and the Conflict in the Donbas Region: Legal Challenges in a Special Case

Abstract

Citation Info

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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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