Risvas, Michail (2019) Non discrimination in international law and sovereign equality of states: an historical perspective. In, Gómez, Katia Fach, Gourgourinis, Anastasios and Titi, Catharine (eds.) International Investment Law and the Law of Armed Conflict. (International Investment Law and the Law of Armed Conflict) Springer, pp. 199-215. (doi:10.1007/978-3-030-10746-8_10).
Abstract
The chapter examines the relationship between the principle of non-discrimination and the protection of foreign investments in the context of an armed conflict. In particular the chapter explores the interpretation of clauses in investment treaties providing for equal treatment regarding compensation owned to foreign investors for damages or losses incurred during armed conflicts (war clauses) by investment tribunals. Further, it examines whether (and how) non-discrimination obligations in the realm of international economic law could prevent armed conflicts or affect post-conflict reconstruction efforts.
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