Suchergebnisse

The role of international investment law in conflict scenario -- Introduction : investments in conflict zones / Tobias Ackermann and Sebastian Wuschka -- International law in revolutionary upheavals : on the tension between international investment law and international Humanitarian law / Tillmann Rudolf Braun -- The genealogy of extended war clauses requisition and destruction of property in armed conflicts / Ira Ryk-Lakhman -- Full protection and security from physical security to environmental security its limitations and future possibilities / Emily Sipiorski -- The effect of armed hostilities on investment treaty obligations a case of force majeure? / Christina Binder and Philipp Janig -- The concept of 'territory' in bits of disputing sovereigns / Markus P Beham -- The protection of foreign investments in disputed maritime areas / Marco Benatar and Valentin J Schatz -- Parallel proceedings arising from uncertain territorial and maritime boundaries / Christine Sim -- Representation of states in investment arbitrations involving governments competing for international recognition / Réka A Papp -- The substantive and procedural protection of investments under article 1 protocol 1 to the ECHR and its value in cases of territorial conflicts / Isabella Risini -- The application of investment treaties in occupied or annexed territories and 'frozen' conflicts : tabula rasa or occupata? / Kit De Vriese -- The duty of non-recognition and EU free trade agreements lessons for investment law from the case of front Polisario / Stefan Lorenzmeier -- Assessing the role and effects of domestic investment statutes in frozen conflict situations the example of transnistria / pridnestrovie / Vladlena Lisenco and Karsten Nowrot -- Investment law and the conflict in the donbas region legal challenges in a special case / Stefan Lorenzmeier and Maryna Reznichuk -- International investment law in the context of state fragility -- Full protection and security and fair and equitable treatment / Johanna Baumann.

"This book deals mainly, but not only, with investments protected by particular rules of international law in situations of armed conflicts, including occupation. Disputes on maritime or territorial boundaries obviously do not only arise in or follow armed conflicts. It is true that they can equally have an impact on investment disputes, and this book deals with them. Armed conflicts nevertheless raise six particular interrelated questions, which fascinate more general international lawyers"--

Driven to a large extent by the EU Commission, a modernization process for the Energy Charter Treaty (ECT) has been underway since 2017. While an agreement in principle (AIP) was reached in 2022, that agreement's adoption and with it the modernization process was put on hold after the EU and its member states could not align their positions. Instead, several states – amongst them France, Germany and Poland – moved to withdraw from the treaty, followed by calls from the European Parliament and then also the EU Commission for the EU and all its member states to follow suit. These developments have left the ECT in a limbo state, with the future of the modernization process and the treaty in general now being highly uncertain. Against this background, this article analyzes the legal implications of the ECT modernization efforts and specifically the effects of the AIP, should it still enter into force. It further addresses the consequences that would follow from the realization of the current withdrawal plans, as well as their interactions with the modernization process.

Abstract
With the United Kingdom's withdrawal from the EU, in particular from its internal market, the customs union and all of the EU's international agreements, a new chapter in Europe's legal, economic and political history has begun. This note sets out the consequences of Brexit for investment protection and arbitration, focusing on EU-UK investment relations. In a first step, it addresses the EU-UK Trade and Cooperation Agreement's investment protection provisions and its unique dispute settlement mechanism before turning to the fate of the United Kingdom's bilateral investment treaties with EU Member States as well as the Energy Charter Treaty. Even though these investment treaties are likely to remain in force, the article concludes that, from the point of view of EU investors in the UK and UK investors in the EU, it can overall be seen as a clear omission that the Trade and Cooperation Agreement does not regulate investment protection in a comprehensive manner. The current situation leaves significant gaps in treaty protection, especially for investments from and into the Western EU Member States.