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Non-discrimination and the Protection of Foreign Investments in the Context of an Armed Conflict

  • 2019
  • OriginalPaper
  • Chapter
Published in:
Author
Michail Risvas
Published in
International Investment Law and the Law of Armed Conflict
Publisher
Springer International Publishing

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Abstract

The chapter examines the relationship between the principle of non-discrimination and the protection of foreign investments in the context of an armed conflict. In particular the chapter explores the interpretation of clauses in investment treaties providing for equal treatment regarding compensation owned to foreign investors for damages or losses incurred during armed conflicts (war clauses) by investment tribunals. Further, it examines whether (and how) non-discrimination obligations in the realm of international economic law could prevent armed conflicts or affect post-conflict reconstruction efforts.
The author would like to thank the organisers of the Athens “International Investment Law & the Law of Armed Conflict” Colloquium (Dr. Anastasios Gourgourinis, Dr. Catharine Titi, and Dr. Katia Fach Gómez), as well as Mr. Alexey Vyalkov for his excellent research assistance. The usual disclaimer applies.

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previous chapter Litigating the Use of Force: Reflections on the Interaction Between Investor-State Dispute Settlement and Other Forms of International Dispute Settlement in the Context of the Conflict in Ukraine
next chapter The Full Protection and Security Standard in Investment Law: A Specific Obligation?
Title
Non-discrimination and the Protection of Foreign Investments in the Context of an Armed Conflict
Author
Michail Risvas
Copyright Year
2019
Publisher
Springer International Publishing
Book
International Investment Law and the Law of Armed Conflict

Print ISBN: 978-3-030-10745-1

Electronic ISBN: 978-3-030-10746-8

Copyright Year: 2019

DOI
https://doi.org/10.1007/978-3-030-10746-8_10
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