The Protection of Foreign Investment in Times of Armed Conflict

2019 ◽  
Author(s):  
Jure Zrilic
Keyword(s):  
Foreign Investment ◽  
Armed Conflict ◽  
Security Policy ◽  
Analytical Framework ◽  
International Investment ◽  
Armed Conflicts ◽  
International Human Rights Law ◽  
Investment Treaty ◽  
Post Conflict ◽  
The Law

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 towards safeguarding a state’s security interests in recent treaty practice. The book identifies and analyses the flaws in the existent normative framework, but also highlights the potential that investment treaties have for minimizing the devastating effects of armed conflict. It offers an analytical framework for assessing the investment treaty regime in times of armed conflict, distinguishing between different paradigms and different types conflicts. It 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.

Legal Frameworks for the Protection of Foreign Investment in Times of Armed Conflict

2019 ◽  
pp. 17-56
Author(s):  
Jure Zrilič
Keyword(s):  
Foreign Investment ◽  
Armed Conflict ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Foreign Investors ◽  
Customary International Law ◽  
Investment Treaty ◽  
Late Nineteenth ◽  
Legal Frameworks

This chapter presents three legal frameworks which provide foreign investors protections against effects of armed conflict: the law of state responsibility for injuries to foreigners under customary international law, international humanitarian law, and international human rights law. Particularly influential were the customary rules on the treatment of aliens, shaped by the disagreements between developed and developing countries, and clarified through the case law of mixed claims commissions and arbitrations of the late nineteenth and early twentieth century. The chapter explains how the rules on protection of property in times of armed conflict have evolved, how they have been interpreted across different legal regimes, and discusses similarities and differences, thus setting the scene for the examination of investment treaty law in the subsequent chapters.

scholarly journals Amnesty for combatants involved in armed condlicts: between peace and justice

2020 ◽  
pp. 418-421
Author(s):  
Diana Ivzhenko
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Criminal Liability ◽  
War Crimes ◽  
Armed Conflicts ◽  
Crimes Against Humanity ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Post Conflict ◽  
Peace And Justice

The article deals with amnesty for combatants, who committed crimes in international armed conflicts or armed conflicts of non-international character in foreign countries, there are also explored conclusions and recommendations of international government and non-government organisations on exemption combatants from criminal liability. It’s obviously, that amnesty does not apply to the perpetrators of such crimes as genocide, crimes against humanity, war crimes, torture, enforced disappearances, and some others. Considering the extended armed conflict in the east of Ukraine, it’s extremely necessary to examine the institution of amnesty within the context of diplomatic and peaceful measures of ending the conflict. As far as Ukraine is concerned, amnesty in Ukraine is a step towards general reconciliation of the society given serious work and understanding within the society is completed. Moreover, in article discussed the question on specificities of amnesty's implementation in context of armed conflict on temporary occupied territories of Donetsk and Luhansk regions. Special attention is focused on binding terms of amnesty for combatants. As a conclusion, author of this article states on some necessary conditions for implementing the amnesty for combatants in post-conflict society. These conditions are: Disarmament, demobilisation, reintegration. This is one of the most controversy and difficult steps. Combatants only then are going to be disarmed when they feel their safety under international and national law. There is a list of human rights violations that may not be pardoned by the amnesty: genocide, crimes against humanity and war crimes. The nation and victims of the armed conflict have to know the truth about all violations of human rights according to international humanitarian law and international human rights law. It’s important to understand, that amnesty is one of the institutions in oust-conflict society, that aimed for the end of the conflict, stabilisation of the politica; situation in the country, disarming and reintegration.

Complex Conflict Situations

2018 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
Armed Conflict ◽  
Use Of Force ◽  
Armed Conflicts ◽  
Model Based ◽  
Conflict Situations ◽  
Single Use ◽  
The Law ◽  
Mutually Independent

This chapter analyses the legal qualification of complex conflict situations that feature more than two conflict parties. It examines whether such situations qualify as a single internationalized armed conflict or a number of independent international and non-international armed conflicts. With this in mind, this chapter puts forward a model based on the retention of autonomy of the allied conflict parties. It argues that once the autonomy is foregone and replaced with a single use of force by the parties, the law of international armed conflict applies ‘globally’ to the situation at hand. However, until that moment, the situation should be seen as ‘mixed’; in other words, as a set of mutually independent conflict pairs.

Practical Application

2018 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
Practical Application ◽  
Temporal Perspective ◽  
Applicable Law ◽  
The Law ◽  
Geographical Scope

This chapter analyses the practical application of the law of belligerent occupation in internationalized armed conflicts in its temporal, geographical, and personal dimensions. Firstly, from a temporal perspective, the law is shown to apply once one of the conflict parties consolidates its control over the enemy territory and substitutes its own authority for that of the displaced enemy. Secondly, the chapter assesses the geographical scope of the applicable law and draws specific guidelines for the determination of the territory subject to the law of occupation in various types of internationalized armed conflicts. Thirdly, the chapter endorses the allegiance-based approach to the designation of protected persons under the law of occupation and applies it to the reality of internationalized armed conflict. Overall, the chapter presents a workable toolkit for the application of the law of occupation to internationalized armed conflicts.

Delivering water services during protracted armed conflicts: How development agencies can overcome barriers to collaboration with humanitarian actors

2019 ◽  
Vol 101 (912) ◽  
pp. 1067-1089
Author(s):  
Edoardo Borgomeo
Keyword(s):  
Service Delivery ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Sub Saharan Africa ◽  
Contributing Factors ◽  
Emergency Relief ◽  
Organizational Goals ◽  
Post Conflict ◽  
Development Agencies ◽  
Sub Saharan

AbstractThis note discusses the challenges of water service delivery before, during and after protracted armed conflict, focusing on barriers that may impede successful transition from emergency to development interventions. The barriers are grouped according to three major contributing factors (three “C”s): culture (organizational goals and procedures), cash (financing practices) and capacity (know-how). By way of examples, the note explores ways in which development agencies can overcome these barriers during the three phases of a protracted armed conflict, using examples of World Bank projects and experiences in the Middle East and Sub-Saharan Africa. Before the crisis, development agencies need to work to prevent armed conflict. In a situation of active armed conflict or when conflict escalates, development agencies need to remain engaged as much as possible, as this will speed up post-conflict recovery. When conflict subsides, development agencies need to balance the relative effort placed on providing urgently needed emergency relief and water supply and sanitation services with the effort placed on re-establishing sector oversight roles and capacity of local institutions to oversee and manage service delivery in the long term.

The Geneva Convention of 1864 and the Brussels Conference of 1874

1974 ◽  
Vol 14 (163) ◽  
pp. 527-537 ◽  
Author(s):  
Danièle Bujard
Keyword(s):  
Armed Conflict ◽  
Human Life ◽  
Geneva Convention ◽  
Armed Conflicts ◽  
International Seminar ◽  
Laws Of War ◽  
Law Of War ◽  
The Law

The year 1974 marks the centennial of the International Declaration of Brussels on the Laws and Customs of War. This effort to codify the most important laws of war, undertaken on the initiative of Czar Alexander II of Russia, constituted a decisive stage in the development of the law of war. It is this event which the Committee for the Protection of Human Life in Armed Conflicts, under the patronage of the Belgian Government, proposes to commemorate by an international seminar on the theme “The Concept of International Armed Conflict—New Perspectives”, in December of this year.

A price worth fighting for? Natural resources and conflict recurrence

2012 ◽  
Vol 49 (4) ◽  
pp. 531-546 ◽  
Author(s):  
Siri Aas Rustad ◽  
Helga Malmin Binningsbø
Keyword(s):  
Natural Resources ◽  
Natural Resource ◽  
Armed Conflict ◽  
Resource Distribution ◽  
Armed Conflicts ◽  
Resource Conflict ◽  
Resource Conflicts ◽  
Internal Armed Conflict ◽  
Post Conflict ◽  
Number Of Publications

While a number of publications show that natural resources are associated with internal armed conflict, surprisingly little research looks at how natural resources affect post-conflict peace. This article therefore investigates the relationship between natural resources and post-conflict peace by analyzing new data on natural resource conflicts. We argue that the effect of natural resources on peace depends on how a country’s natural resources can constitute a motive or opportunity for armed conflict. In particular, three mechanisms may link natural resources to conflict recurrence: disagreements over natural resource distribution may motivate rebellion; using natural resources as a funding source creates an opportunity for conflict; and natural resources may aggravate existing conflict, acting either as motivation or opportunity for rebellion, but through other mechanisms than distributional claims or funding. Our data code all internal armed conflicts between 1946 and 2006 according to the presence of these resource–conflict links. We claim such mechanisms increase the risk of conflict recurrence because access to natural resources is an especially valuable prize worth fighting for. We test our hypotheses using a piecewise exponential survival model and find that, bivariately, armed conflicts with any of these resource–conflict mechanisms are more likely to resume than non-resource conflicts. A multivariate analysis distinguishing between the three mechanisms reveals that this relationship is significant only for conflicts motivated by natural resource distribution issues. These findings are important for researchers and policymakers interested in overcoming the ‘curse’ associated with natural resources and suggest that the way forward lies in natural resource management policies carefully designed to address the specific resource–conflict links.

Protecting the Environment from the Perspective of the Law of Armed Conflict

2021 ◽  
Vol 23 (2-3) ◽  
pp. 252-260
Author(s):  
Bartłomiej Krzan
Keyword(s):  
Climate Change ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Normative Framework ◽  
Law Of Armed Conflict ◽  
The Law

Abstract The present study analyses climate change from the perspective of the law of armed conflict. Climate may be both a victim and a means of warfare. Arguably, the existing normative framework is broad enough to allow for accommodating climate change. It cannot be denied that the environment is easily harmed, or at least jeopardized in times of armed conflicts. Despite the obvious lack of explicit references in the instruments of international humanitarian law, it may be argued that it is possible to fit climate change in. The accompanying analysis addresses the respective potential and the ensuing hurdles.

Sign in / Sign up

Export Citation Format

Share Document