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Titlebook: International Investment Law and the Law of Armed Conflict; Katia Fach Gómez,Anastasios Gourgourinis,Catharine Book 2019 Springer Nature S

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,Armed Conflicts and Customary International Law on Investment: Codification and Fragmentation of “Protection. This paper considers the utility of customary international law during armed conflict and the compatibility in the interaction between treaty and customary obligations, through the classical norm of the host State to provide protection and security on foreign investment. Applying existing
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,Protection of Investments in War-Torn States: A Practitioner’s Perspective on War Clauses in Bilateve suffered damage due to acts of war or civil unrest. The authors examine these so-called war clauses through the prism of the bilateral investment treaties of three States with histories of armed conflict: Libya, Syria and Yemen. They find that war clauses display a striking diversity in the degre
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Investment Treaty Security Exceptions, Necessity and Self-Defence in the Context of Armed Conflict,necessity and self-defence, both in general and in the context of armed conflict. Inconsistent interpretations of these provisions by investment tribunals and annulment committees and by the International Court of Justice under treaties of friendship, commerce and navigation have only added to this
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Supervening Impossibility of Performance and the Effect of Armed Conflict on Investment Treaties: Aeveral regions of the world. This chapter addresses the specific question of whether there is any space (and how much of it) for a host State to successfully invoke the doctrine or principle of supervening impossibility of performance in respect of international investment agreements when an armed c
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,Awarding Damages in Times of Armed Conflict: An Emerging Standard of “Economic Capacity” for the Hos. It is argued that if a dispute arises within the context of an armed conflict, an arbitration tribunal needs to apply a different methodological approach than in times of peace. Specifically, investment arbitrators could engage with the concrete legal standard for the “economic capacity” of the h
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International Investment Arbitration and Non-binding Standards Applicable in Conflict: Parallel or ocial responsibility standards or instruments). The chapter specifically focuses on those standards that might apply in conflict, a time and space when other governance systems are often compromised. There is increasing emphasis on an expectation that corporations act as responsible “global citizens
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Book 2019nal investment treaties requires considering a wide range of issues, many of which are systemic in nature. These include substantive and procedural topics, not only with regard to international investment law, but also concerning the law on the use of force, international humanitarian law and human
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