The Protection of Foreign Investments in Disputed Maritime Areas
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Investments in Conflict Zones : The Role of International Investment Law in Armed Conflicts, Disputed Territories, and ‘Frozen’ Conflicts . Hrsg. / Tobias Ackermann; Sebastian Wuschka. Leiden, Niederlande: Brill | Nijhoff, 2020. S. 176 - 208 (Nijhoff International Investment Law Series; Band 15).
Publikation: Beiträge in Sammelwerken › Kapitel › begutachtet
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RIS
TY - CHAP
T1 - The Protection of Foreign Investments in Disputed Maritime Areas
AU - Benatar, Marco
AU - Schatz, Valentin J
PY - 2020/12/8
Y1 - 2020/12/8
N2 - Investments by foreign companies in the maritime areas of coastal states other than their state of incorporation has become widespread – be it in oil and gas, other mineral resources such as gems or precious metals, off-shore wind energy, aquaculture or fisheries. International investment agreements tend to cover foreign investments situated in the maritime areas of the host state, including in commercially important exclusive economic zones and on continental shelves. But can the same be said when the maritime area is subject to a rival claim of a neighbouring nation? The aim of this chapter is to take a closer look at this conundrum by focusing on two core themes: (a) the extent to which international investment law applies to investments located in contested waters; and (b) the procedural challenges that may arise in the context of investor-state dispute settlement involving such investments.
AB - Investments by foreign companies in the maritime areas of coastal states other than their state of incorporation has become widespread – be it in oil and gas, other mineral resources such as gems or precious metals, off-shore wind energy, aquaculture or fisheries. International investment agreements tend to cover foreign investments situated in the maritime areas of the host state, including in commercially important exclusive economic zones and on continental shelves. But can the same be said when the maritime area is subject to a rival claim of a neighbouring nation? The aim of this chapter is to take a closer look at this conundrum by focusing on two core themes: (a) the extent to which international investment law applies to investments located in contested waters; and (b) the procedural challenges that may arise in the context of investor-state dispute settlement involving such investments.
KW - Law
UR - https://www.mendeley.com/catalogue/c03c3804-a760-34ed-bd4c-b53d6221764f/
UR - http://www.scopus.com/inward/record.url?scp=85132811066&partnerID=8YFLogxK
U2 - 10.1163/9789004442832_008
DO - 10.1163/9789004442832_008
M3 - Chapter
SN - 978-90-04-44280-1
T3 - Nijhoff International Investment Law Series
SP - 176
EP - 208
BT - Investments in Conflict Zones
A2 - Ackermann, Tobias
A2 - Wuschka, Sebastian
PB - Brill | Nijhoff
CY - Leiden, Niederlande
ER -