The Effects of Armed Conflict on Investment Treaties

This book explores the impact of armed conflict on investment treaties, refuting the common association of hostilities with treaty termination or suspension. It argues that investment treaties can and must continue to function during armed conflict, balancing investor and public interests through contextual and systemic interpretation, respect for reasonable state action, and careful treaty design.

Format: Hardback
Length: 304 pages
Publication date: 25 August 2022
Publisher: Cambridge University Press

This comprehensive book delves into the intricate effects of armed conflict on investment treaties, challenging the notion that such agreements are automatically terminated or suspended during hostilities. Instead, it makes a compelling case for the continuity of investment treaties, emphasizing their relevance in times of crisis. The book goes beyond the immediate impact on treaty termination and explores the broader spectrum of effects that armed conflict has on investment protection standards. It examines how changing factual circumstances, public interests, and international humanitarian law shape the application and interpretation of these agreements.

The book argues that investment treaties possess the potential to mitigate the adverse effects of armed conflict and strike a fair balance between investor and public interests. It suggests strategies such as contextual and systemic interpretation, respect for reasonable state action, and careful treaty design to ensure that investment treaties remain effective during armed conflict. By leveraging these approaches, the book aims to uphold the purpose of investment treaties, which is to strengthen compliance with legal rules even in challenging circumstances.

The book's insights are particularly valuable in today's globalized economy, where investments and trade flows cross national boundaries. It sheds light on the challenges faced by investors and governments in maintaining stability and promoting economic growth amidst armed conflict. By analyzing the interplay between investment treaties and armed conflict, the book provides valuable recommendations for policymakers, investors, and legal professionals to navigate the complex terrain of investment protection in times of crisis.

In conclusion, this book offers a valuable contribution to the literature on investment treaties and armed conflict. By examining the multifaceted impact of these agreements, it provides a comprehensive understanding of the challenges and opportunities that arise in times of conflict. It offers practical solutions and strategies for ensuring the continuity and effectiveness of investment treaties, promoting stability, and fostering economic growth in a world that is increasingly interconnected.

Weight: 720g
Dimension: 159 x 235 x 29 (mm)
ISBN-13: 9781009207836