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9 - Security Exceptions

from Part IV - Exceptions and Defences

Published online by Cambridge University Press:  11 August 2022

Tobias Ackermann
Affiliation:
Ruhr-Universität, Bochum, Germany
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Summary

Chapter 9 examines security exceptions known to many investment treaties. These clauses are designed to expand the host state's room to adopt certain measures in the pursuit of security interests without having to compensate foreign investors. While seeking to enhance legal security, security exceptions remain ambiguous and controversial in many respects. The chapter conducts a comprehensive study of relevant case law, not only of recent investor-state arbitrations but also of the World Trade Organization’s dispute settlement body. On this basis, it offers guidance on the interpretation of elements common to security exceptions as well as on the level of review to be conducted by investment tribunals. The chapter delineates the limits of state discretion and proposes that international humanitarian law should have an impact on the application of security exceptions in the context of military operations. In evaluating drafting options, the chapter further assesses the merits of including a security exception in investment treaties and makes suggestions as to their wording and function.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • Security Exceptions
  • Tobias Ackermann, Ruhr-Universität, Bochum, Germany
  • Book: The Effects of Armed Conflict on Investment Treaties
  • Online publication: 11 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009207805.010
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  • Security Exceptions
  • Tobias Ackermann, Ruhr-Universität, Bochum, Germany
  • Book: The Effects of Armed Conflict on Investment Treaties
  • Online publication: 11 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009207805.010
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Security Exceptions
  • Tobias Ackermann, Ruhr-Universität, Bochum, Germany
  • Book: The Effects of Armed Conflict on Investment Treaties
  • Online publication: 11 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009207805.010
Available formats
×