å®ä»·
EUR  â¬231.60EUR  â¬193.00 excl. VAT
Investments in Conflict Zones
The Role of International Investment Law in Armed Conflicts, Disputed Territories, and âFrozenâ Conflicts
ä¸ç¼ï¼- Nijhoff International Investment Law Series, å·ï¼ 15
Investments in Conflict Zones addresses the topical and underexplored role of international investment law in armed conflicts, disputed territories, and âfrozenâ 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 Lutherâs 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 Lutherâs 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:Â The Role of International Investment Law in Conflict Scenarios
âMarco Sassòli
Acknowledgements
Abbreviations
Notes on Contributors
Table of Cases
Introduction:Â Investments in Conflict Zones
ââTobias Ackermann and Sebastian Wuschka
PARTÂ 1
Investment Law and Armed Conflicts
1âInternational Law in Revolutionary Upheavals â on the Tension between International Investment Law and International Humanitarian Law
ââTillmann Rudolf Braun
2âThe Genealogy of Extended War Clauses
âRequisition and Destruction of Property in Armed Conflicts
ââIra Ryk-Lakhman
3âFull Protection and Security from Physical Security to Environmental Security: Its Limitations and Future Possibilities
ââEmily Sipiorski
4âThe Effect of Armed Hostilities on Investment Treaty Obligations: A Case of Force Majeure?
ââChristina Binder and Philipp Janig
PARTÂ 2
Investment Law and Disputed Territories
5âThe Concept of âTerritoryâ in BITS of Disputing Sovereigns
ââMarkus P Beham
6âThe Protection of Foreign Investments in Disputed Maritime Areas
ââMarco Benatar and Valentin J Schatz
7âParallel Proceedings Arising from Uncertain Territorial and Maritime Boundaries
ââChristine Sim
8âRepresentation of States in Investment Arbitrations Involving Governments Competing for International Recognition
ââRéka A Papp
9âThe Substantive and Procedural Protection of Investments under Article 1 Protocol 1 to the ECHR and Its Value in Cases of Territorial Conflicts
ââIsabella Risini
PARTÂ 3
Investment Law and Its Application to Annexed Territories and in âFrozenâ Conflicts
10âThe Application of Investment Treaties in Occupied or Annexed Territories and âFrozenâ Conflicts: Tabula Rasa or Occupata?
ââKit De Vriese
11âThe Duty of Non-Recognition and EU Free Trade Agreements Lessons for Investment Law from the Case of Front Polisario
ââStefan Lorenzmeier
12âAssessing the Role and Effects of Domestic Investment Statutes in Frozen Conflict Situations: The Example of Transnistria/Pridnestrovie
ââVladlena Lisenco and Karsten Nowrot
13âInvestment Law and the Conflict in the Donbas Region: Legal Challenges in a Special Case
ââStefan Lorenzmeier and Maryna Reznichuk
14âInternational Investment Law in the Context of State Fragility: Full Protection and Security and Fair and Equitable Treatment
ââJohanna Baumann
Index
âMarco Sassòli
Acknowledgements
Abbreviations
Notes on Contributors
Table of Cases
Introduction:Â Investments in Conflict Zones
ââTobias Ackermann and Sebastian Wuschka
PARTÂ 1
Investment Law and Armed Conflicts
1âInternational Law in Revolutionary Upheavals â on the Tension between International Investment Law and International Humanitarian Law
ââTillmann Rudolf Braun
2âThe Genealogy of Extended War Clauses
âRequisition and Destruction of Property in Armed Conflicts
ââIra Ryk-Lakhman
3âFull Protection and Security from Physical Security to Environmental Security: Its Limitations and Future Possibilities
ââEmily Sipiorski
4âThe Effect of Armed Hostilities on Investment Treaty Obligations: A Case of Force Majeure?
ââChristina Binder and Philipp Janig
PARTÂ 2
Investment Law and Disputed Territories
5âThe Concept of âTerritoryâ in BITS of Disputing Sovereigns
ââMarkus P Beham
6âThe Protection of Foreign Investments in Disputed Maritime Areas
ââMarco Benatar and Valentin J Schatz
7âParallel Proceedings Arising from Uncertain Territorial and Maritime Boundaries
ââChristine Sim
8âRepresentation of States in Investment Arbitrations Involving Governments Competing for International Recognition
ââRéka A Papp
9âThe Substantive and Procedural Protection of Investments under Article 1 Protocol 1 to the ECHR and Its Value in Cases of Territorial Conflicts
ââIsabella Risini
PARTÂ 3
Investment Law and Its Application to Annexed Territories and in âFrozenâ Conflicts
10âThe Application of Investment Treaties in Occupied or Annexed Territories and âFrozenâ Conflicts: Tabula Rasa or Occupata?
ââKit De Vriese
11âThe Duty of Non-Recognition and EU Free Trade Agreements Lessons for Investment Law from the Case of Front Polisario
ââStefan Lorenzmeier
12âAssessing the Role and Effects of Domestic Investment Statutes in Frozen Conflict Situations: The Example of Transnistria/Pridnestrovie
ââVladlena Lisenco and Karsten Nowrot
13âInvestment Law and the Conflict in the Donbas Region: Legal Challenges in a Special Case
ââStefan Lorenzmeier and Maryna Reznichuk
14âInternational Investment Law in the Context of State Fragility: Full Protection and Security and Fair and Equitable Treatment
ââJohanna Baumann
Index
All those interested in the intersections of investment law and other areas of international law (scholars, students, legal practitioners and specialists).