Book contents
- The Effects of Armed Conflict on Investment Treaties
- Cambridge Studies in International and Comparative Law: 169
- The Effects of Armed Conflict on Investment Treaties
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- Table of International Agreements and Documents
- Table of Domestic Instruments and Documents
- Abbreviations
- Introduction
- Part I The Continuity of Investment Treaties
- Part II Investment Protection and the Role of International Humanitarian Law
- 3 Investment Treaties and International Humanitarian Law
- 4 Investment Protection under International Humanitarian Law
- Part III Investment Protection Standards during Armed Conflict
- Part IV Exceptions and Defences
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law:169
4 - Investment Protection under International Humanitarian Law
from Part II - Investment Protection and the Role of International Humanitarian Law
Published online by Cambridge University Press: 11 August 2022
- The Effects of Armed Conflict on Investment Treaties
- Cambridge Studies in International and Comparative Law: 169
- The Effects of Armed Conflict on Investment Treaties
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- Table of International Agreements and Documents
- Table of Domestic Instruments and Documents
- Abbreviations
- Introduction
- Part I The Continuity of Investment Treaties
- Part II Investment Protection and the Role of International Humanitarian Law
- 3 Investment Treaties and International Humanitarian Law
- 4 Investment Protection under International Humanitarian Law
- Part III Investment Protection Standards during Armed Conflict
- Part IV Exceptions and Defences
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law:169
Summary
Chapter 4 explains the relevant rules of armed conflict that provide for the protection against the effects of hostilities. To the extent that humanitarian law protects civilians and civilian objects, it also protects foreign investors and their investments, as far as natural persons and tangible assets are concerned. The chapter shows how the law of armed conflict balances military and humanitarian concerns and illuminates the operation of the principles of distinction, proportionality, and precaution. In analysing the limitations of this protection, the chapter further identifies circumstances in which harm to foreign investors and their investments may be lawful under international humanitarian law. In particular, the chapter shows how foreign investments can easily become military targets and under which circumstances inflicted damage can be an acceptable side effect of military operations. The chapter thus forms the basis for the subsequent examination of international humanitarian law’s impact on individual investment treaty standards.
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- The Effects of Armed Conflict on Investment Treaties , pp. 101 - 114Publisher: Cambridge University PressPrint publication year: 2022