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Foreign investors often sustain injuries during violent situations,
such as riots, revolutions, civil wars, and international armed
conflicts. There is a great deal of uncertainty about how effective
investment treaty protections are in volatile times, how they
relate to other applicable legal frameworks, and how they affect
the state security policy and the post-conflict transition to
peace. This book explores how foreign investment is protected in
times of armed conflict under the investment treaty regime. It does
so by combining insights from different areas of international law,
including international investment law, international humanitarian
law, international human rights law, the law of state
responsibility, and the law of treaties. While the protections have
evolved over time, with the investment treaty regime providing the
strongest legal framework for protecting investors yet, there has
been an apparent shift in treaty practice towards safeguarding a
state's security interests. Jure Zrilic identifies and analyses the
flaws in the existent normative framework, but also highlights the
potential that investment treaties have for minimising the
devastating effects of armed conflict. The book offers an
analytical framework for assessing the investment treaty regime in
times of armed conflict, distinguishing between different paradigms
and different types of conflicts. Crucially, he argues that a new
approach is needed to appropriately balance the competing interests
of host states and investors when it comes to investment protection
in armed conflicts.
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