International Investment Law in the Context of State Fragility: Full Protection and Security and Fair and Equitable Treatment

Johanna Baumann

Jump to Content

Chapter 14 International Investment Law in the Context of State Fragility: Full Protection and Security and Fair and Equitable Treatment

In: Investments in Conflict Zones

Author:

Johanna Baumann

Johanna Baumann
Search for other papers by Johanna Baumann in
Current site
Google Scholar
PubMed

Type:: Chapter

Pages:: 458–486

DOI:: https://doi.org/10.1163/9789004442832_016

Purchase instant access (PDF download and unlimited online access):

€42.00€35.00 excl. VAT

Add to Cart

Redeem Access Token

Abstract

International investment protection is based on the premise of fully functioning statehood. Whether and how aspects of state fragility affect the protection standards of fair and equitable treatment (fet) and full protection and security (fps) is viewed differently by tribunals – if at all. State fragility refers to the existence of ineffective government and the realisation of political risks. With regard to fet, a distinction must be made between the manifestations of state fragility – failing state and failed state: Depending on whether the host state was already fragile at the time of an investment, the expectations of an investor must be adjusted accordingly. If a failing state turns into a failed state or if a failed state turns into a failing state, the expectations for a stable and secure investment environment are not justified and thus illegitimate. Regarding fps, the question of the effect of fragility is particularly relevant concerning the understanding of due diligence. In order to guarantee legal certainty and transparency as the main ideas of international investment protection as well as dogmatic accuracy, an objective understanding of due diligence must be applied. State fragility cannot be considered in terms of the comprehension of fps. Instead, the aspects of fragility can only be taken into account at the level of a possible justification, in particular force majeure.

Citation Info

Save
Cite
Email this content

Share link with colleague or librarian

You can email a link to this page to a colleague or librarian:
Email this content
or copy the link directly:

https://brill.edhh.ma/abstract/book/edcoll/9789004442832/BP000018.xml
The link was not copied. Your current browser may not support copying via this button.

Link copied successfully

Collapse
Expand

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

Front Matter

Back Matter

Metrics

	All Time	Past 365 days	Past 30 Days
Abstract Views	655	100	6
Full Text Views	99	6	0
PDF Views & Downloads	157	10	0

African Studies	Education	Media Studies
American Studies	History	Middle East and Islamic Studies
Ancient Near East and Egypt	Human Rights and Humanitarian Law	Musicology
Art History	International Law	Philosophy
Asian Studies	International Relations	Religious Studies
Biblical Studies	Jewish Studies	Slavic and Eurasian Studies
Biology	Languages and Linguistics	Social Sciences
Book History and Cartography	Life Sciences	Theology and World Christianity
Classical Studies	Literature and Cultural Studies

Subjects

Authors

Open Access

Product Information

Company

Contact

Chapter 14 International Investment Law in the Context of State Fragility: Full Protection and Security and Fair and Equitable Treatment

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 ‘Frozen’ Conflicts

Table of Contents

Metrics

Metrics