Exploring the Links Between Nationality Changes and Investment Claims Arising Out of Armed Conflicts: The Case of Russian Passportization in Crimea

The chapter discusses the different manners in which armed conflicts may affect the nationality of investors (natural and legal persons). Thus, the question at issue concerns ultimately the ability of foreign investors to submit an investment claim in the context of an armed conflict. Recent State practice such as the Russian “passportization policy” in Crimea and the investment claims arising after 2014 demonstrate the complexity of the question. Yet, the deeper implications of these sudden changes are still rather unexplored in international investment law. The chapter attempts to shed light on the issue surveying recent cases and State practice. Essentially, the chapter proposes new perspectives on the links between territorial modifications and nationality alterations in terms of investment protection.