<abstract xmlns="http://www.w3.org/1999/xhtml"><p> This article focuses on the applicability of bilateral investment treaties on the conduct of the occupying power towards foreign investments situated in the occupied territory. It examines the content of the obligation to respect the laws in force in the occupied territory as prescribed by Art. 43 of the Convention (IV) respecting the Laws and Customs of War on Land. Some authors proposed an idea that this obligation is a gateway provision for the applicability of international treaties which are in force in the occupied territory on the conduct of the occupier. They refer to the case-law dealing with the applicability of human rights treaties in occupied territories. However, after the interpretation of this provision and inquiry into the case-law, this paper reaches the con­clusion that the obligation to respect the laws in force does not have this effect. Instead, it deals with the legislative powers of the occupying power.</p></abstract>

This article focuses on the applicability of bilateral investment treaties on the conduct of the occupying power towards foreign investments situated in the occupied territory. It examines the content of the obligation to respect the laws in force in the occupied territory as prescribed by Art. 43 of the Convention (IV) respecting the Laws and Customs of War on Land. Some authors proposed an idea that this obligation is a gateway provision for the applicability of international treaties which are in force in the occupied territory on the conduct of the occupier. They refer to the case-law dealing with the applicability of human rights treaties in occupied territories. However, after the interpretation of this provision and inquiry into the case-law, this paper reaches the con­clusion that the obligation to respect the laws in force does not have this effect. Instead, it deals with the legislative powers of the occupying power.

Potential Effect of the Law of Belligerent Occupation on the Applicability of Investment Treaties in Occupied Territories

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

This article focuses on the applicability of bilateral investment treaties on the conduct of the occupying power towards foreign investments situated in the...

Potential Effect of the Law of Belligerent Occupation on the Applicability of Investment Treaties in Occupied Territories

Publié en ligne: 05 févr. 2019

Pages: 152 - 169

DOI: https://doi.org/10.2478/iclr-2018-0043

Mots clés
Foreign investments, belligerent occupation, international armed conflict, applicability of bilateral investment treaties, administration of occupied territory

© 2019 Petr Stejskal, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Potential Effect of the Law of Belligerent Occupation on the Applicability of Investment Treaties in Occupied Territories

Publié en ligne: 05 févr. 2019

Pages: 152 - 169

DOI: https://doi.org/10.2478/iclr-2018-0043

Mots clésForeign investments, belligerent occupation, international armed conflict, applicability of bilateral investment treaties, administration of occupied territory

© 2019 Petr Stejskal, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Mots clés
Foreign investments, belligerent occupation, international armed conflict, applicability of bilateral investment treaties, administration of occupied territory