Protecting Security Interests in International Investment Law
Julia Schmidt and Nigel D White (Eds) Security and International Law (Hart Publishing: Oxford: 2016), 273-299
Posted: 20 Jan 2015 Last revised: 16 Dec 2017
Date Written: March 18, 2014
The chapter comprehends the issue of protecting security interests in international investment law by dividing the discussion in two parts. First, it examines the issue of protecting security interests in those BITs that specifically allow the host state to deviate from its treaty obligations in order to protect security interests. In other words, we first discuss arbitral cases involving BITs that contain an ‘essential security interests’ exception. Second, the chapter examines those BITs that do not contain any provision allowing host states to deviate from their treaty obligation in order to protect security interests. In other words, we discuss those arbitral cases involving BITs that do not contain an ‘essential security interests’ exception. Finally, the chapter concludes by drawing lessons that other states can learn from the foregoing analysis of this rich jurisprudence.
Keywords: Bilateral Investment Treaties, International Investment Law, Security Interests, Essential Security Interests, Self-Judging
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