CEU Electronic Theses and Dissertations, 2024
| Author | Tsotsonava, Elene |
|---|---|
| Title | Investment in the Crossfire: Assessing Investor Rights and Protections during Armed Conflict |
| Summary | Armed conflicts affect every aspect of the state including the economics and legal system. Unfortunately, in the contemporary world, political and international challenges continue to lead to armed conflicts. Investment is important for developing countries, many of which face threats of conflict or are already involved in such situations. These countries need to attract investors and protect the rights of those already invested. Understanding how investor rights are protected and the challenges during conflicts can help investors, and legal professionals manage the complexities of international investments in these conflict zones. This research will be focused on investment during the armed conflict, specifically investor rights and protections. It examines the remedies and protections available to investors and analyses the defence mechanisms that host states can invoke, such as force majeure and necessity, to avoid liability potentially. The thesis seeks to address key questions about the application of investment treaties during armed conflicts, the legal standards that may be breached, and the mechanisms for investor protection. Related issues emerge when exploring the main questions, such as how host states justify their actions and whether these defences are effective. Through analysis of concepts such as Full Protection and Security, Fair and Equitable Treatment, Expropriation, War Clauses, force majeure, and necessity. This research analyzes the scope of each standard during armed conflicts. |
| Supervisor | Markus Petsche |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2024/tsotsonava_elene.pdf |
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