Overview

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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9780198830375

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Reviews

Dr. Jure Zrilic's monograph is perfectly timed and makes an important contribution to this area. The author presents this topic at the outset as one that has at its heart the familiar balance between investor certainty and stability, on one hand, and the State's right to protect its security interests, on the other (p. 6). The monograph navigates the different aspects of this balance in a clear and persuasive way, looking at the different ways in which armed conflict or unrest might affect the application or content of international investment law, as well as the State's responsibility for inconsistent conduct. * Lawrence Hill-Cawthorne, Journal of World Investment & Trade * the book provides a holistic analysis of the wider ramifications of investment treaty disputes in times of armed conflict and during the process of peace building. It pays particular attention to the historical background that shaped current legal frameworks protecting private property during hostilities, and offers a comprehensive evaluation of these frameworks with a view to achieving convergence rather than fragmentation. * Ana Maria Daza-Clark, Lecturer in International Law, Law School, University of Edinburgh, ICSID Review *

the book provides a holistic analysis of the wider ramifications of investment treaty disputes in times of armed conflict and during the process of peace building. It pays particular attention to the historical background that shaped current legal frameworks protecting private property during hostilities, and offers a comprehensive evaluation of these frameworks with a view to achieving convergence rather than fragmentation. * Ana Maria Daza-Clark, Lecturer in International Law, Law School, University of Edinburgh, ICSID Review *

Dr. Jure Zrilic's monograph is perfectly timed and makes an important contribution to this area. The author presents this topic at the outset as one that has at its heart the familiar balance between investor certainty and stability, on one hand, and the State's right to protect its security interests, on the other (p. 6). The monograph navigates the different aspects of this balance in a clear and persuasive way, looking at the different ways in which armed conflict or unrest might affect the application or content of international investment law, as well as the State's responsibility for inconsistent conduct. * Lawrence Hill-Cawthorne, Journal of World Investment & Trade * the book provides a holistic analysis of the wider ramifications of investment treaty disputes in times of armed conflict and during the process of peace building. It pays particular attention to the historical background that shaped current legal frameworks protecting private property during hostilities, and offers a comprehensive evaluation of these frameworks with a view to achieving convergence rather than fragmentation. * Ana Maria Daza-Clark, Lecturer in International Law, Law School, University of Edinburgh, ICSID Review *

Author Information

Jure Zrilic is a Lecturer at the University of Liverpool, School of Law and Social Justice. He gained academic experience at the University of Cambridge, Harvard Law School, and Utrecht University. Previously, he has worked as a White & Case Fellow at the School of International Arbitration at Queen Mary University of London.

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