International investment law and the law of armed conflict. (2019)

• Record Type: Book
• Further Information: Note: Katia Fach Gómez, Anastasios Gourgourinis, Catharine Titi, editors.
• Other Names: Fach Gómez, Katia; Gourgourinis, Anastasios; Titi, Catharine
• Contents: Intro; Editorial; Peer Reviewers; Contents; About the Editors; War and Peace in International Investment Law; 1 Introduction; 2 Fragmentation; 3 Two Competing Policies; 4 Effects of Armed Conflicts on Treaties; 5 Impossibility of Performance and Fundamental Change of Circumstances; 6 Full Protection and Security; 7 Non-Discrimination Clauses; 8 Extended War Clauses; 9 Security Clauses; 10 Necessity and Force Majeure; 11 The Charter of the United Nations; 12 Summary and Conclusion; References; Evaluating Social Benefits and Costs of Investment Treaties: Depoliticization of Investment Disputes 1 Introduction2 Goals; 3 Means; 4 Achievements; References; Between War and Peace: Intermittent Armed Conflict and Investment Arbitration; 1 Introduction; 2 The Libyan Civil Wars; 2.1 Political and Military Situation; 2.2 Effects on Foreign Investors; 3 Defining Armed Conflicts; 3.1 International Armed Conflicts; 3.2 Non-international Armed Conflicts; 4 Suspension or Termination of IIAs During Armed Conflicts; 4.1 2011 ILC Draft Articles; 4.2 UNSC Resolutions; 5 Operability Versus Applicability of IIAs During Armed Conflicts; 5.1 Full Protection and Security; 5.2 War Clauses 6 Defences Precluding Wrongfulness During Armed Conflicts6.1 Necessity; 6.2 Force Majeure; 7 Conclusions; References; Investments Under Occupation: The Application of Investment Treaties to Occupied Territory; 1 Introduction; 2 The Occupied State's Investment Treaties; 2.1 The Authority and Obligations of the Occupying Power; 2.2 Investment Treaty Obligations as "Laws in Force"; 2.3 Consequences Arising Out of the Obligation to Respect Investment Treaty Obligations; 2.3.1 Substantive Protection Standards; 2.3.2 Availability of Investor-State Dispute Settlement Mechanisms 3 The Occupying State's Investment Treaties3.1 The Territorial Application of Treaties; 3.2 Application to Occupied Territory Based on Teleological Considerations; 3.3 Possible Conflicts with Other Rules of International Law; 3.3.1 The Application of Treaties to Foreign Territory; 3.3.2 The Occupied Sovereign and the Prohibition of Annexation; 4 Conclusion; References; An Overview of State Succession Issues Arising as a Result of an Armed Conflict; 1 Introduction; 2 Analysis of the Practice of States Regarding the Continuation of "Old" BITs; 2.1 Express Consent by the States Concerned 2.2 Tacit Consent by States Concerned3 Is There a Principle in Favour of the Automatic Continuation of BITs?; 4 Conclusion; References; Kosovo and Foreign Investment Protection; 1 Introduction; 2 The Legal Status of Foreign Investment in Kosovo Before Its Declaration of Independence (1999-2008); 2.1 The Legal Status of Foreign Investments in the Territory of Kosovo; 2.2 Recourse Against the Author of the Violation; 2.2.1 Recourse Against the UNMIK; 2.2.2 Recourse Against Yugoslavia/Serbia; 2.3 Recourse Against the State of Kosovo After Its Independence for Acts Prior to Its Independence
• Publisher Details: Cham : Springer
• Publication Date: 2019
• Extent: 1 online resource (542 pages)
• Subjects: 344/.0762; Investments -- Law and legislation; War (International law); Investments -- Law and legislation; War (International law); Electronic books
• Languages: English
• ISBNs: 9783030107468; 3030107469
• Related ISBNs: 9783030107451; 3030107450
• Notes: Note: Print version record.
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.