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The Effects of Armed Conflict on Investment Treaties Tobias Ackermann (Ruhr-Universitat, Bochum, Germany)

The Effects of Armed Conflict on Investment Treaties By Tobias Ackermann (Ruhr-Universitat, Bochum, Germany)

The Effects of Armed Conflict on Investment Treaties by Tobias Ackermann (Ruhr-Universitat, Bochum, Germany)


Summary

Written for academics, practitioners and students of international investment law and public international law more generally, the book shows, against the backdrop of recent case law and scholarly debate, how the outbreak of armed conflict influences the operation of international agreements for the promotion and protection of foreign investments.

The Effects of Armed Conflict on Investment Treaties Summary

The Effects of Armed Conflict on Investment Treaties by Tobias Ackermann (Ruhr-Universitat, Bochum, Germany)

This book analyses the multi-faceted impact armed conflict has on investment treaties. Refuting the common association of the outbreak of hostilities with the termination or suspension of treaties, it not only makes a case for the continuity of investment treaties. The book argues that the impact of armed conflict on such agreements goes far beyond these questions: Changed factual circumstances and public interests as well as international humanitarian law heavily influence the application and interpretation of investment protection standards. The book argues that investment treaties can and must channel these effects to remain effective during armed conflict and strike a fair balance between investor and public interests. It shows ways in which contextual and systemic interpretation, respect for reasonable state action, and careful treaty design can ensure that investment treaties continue to fulfil their purpose of strengthening compliance with legal rules also in times of armed conflict.

About Tobias Ackermann (Ruhr-Universitat, Bochum, Germany)

Tobias Ackermann is an Associate at Berlin-based law firm BLOMSTEIN, where he specializes in foreign trade and public procurement law. Previously, he was a research associate at the Institute for International Law of Peace and Armed Conflict, Ruhr University Bochum, Germany. He holds a doctorate in law from Ruhr University.

Table of Contents

Part I. The Continuity of Investment Treaties: 1. The Prospects for Unilateral Termination and Suspension; 2. The Doctrine of the Effects of Armed Conflicts on Treaties: Unilateral Termination or Suspension beyond General Rules?; Part II. Investment Protection and the Role of International Humanitarian Law: 3. Investment Treaties and International Humanitarian Law: A Relationship of Interpretation; 4. Investment Protection under International Humanitarian Law; Part III. Investment Protection Standards during Armed Conflict: 5. Armed Conflict Clauses; 6. Full Protection and Security; 7. Expropriation; 8. Fair and Equitable Treatment; Part IV. Exceptions and Defences: 9. Security Exceptions; 10. Circumstances Precluding Wrongfulness; 11. Limitations on Liability; Bibliography; Index.

Additional information

NPB9781009207836
9781009207836
1009207830
The Effects of Armed Conflict on Investment Treaties by Tobias Ackermann (Ruhr-Universitat, Bochum, Germany)
New
Hardback
Cambridge University Press
2022-08-25
304
N/A
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