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

Abstract

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

Suggested Citation

Ranjan, Prabhash, Protecting Security Interests in International Investment Law (March 18, 2014). Julia Schmidt and Nigel D White (Eds) Security and International Law (Hart Publishing: Oxford: 2016), 273-299, Available at SSRN: https://ssrn.com/abstract=2551438

Prabhash Ranjan (Contact Author)

South Asian University ( email )

Akbar Bhawan
Chankyapuri
Delhi, WA
India

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