Jus Post Bellum and Foreign Direct Investment – Mapping the Debate

16 The Journal of World Investment & Trade (2015), pp. 590-603

Grotius Centre Working Paper 2015/048-IEL

Leiden Law School Research Paper

11 Pages Posted: 10 Sep 2015

See all articles by Eric De Brabandere

Eric De Brabandere

Leiden University - Grotius Centre for International Legal Studies

Date Written: September 9, 2015

Abstract

Recent situations of States recovering from conflict show that foreign direct investment (FDI) act as a double-edged sword and are characterized by an inherent paradox. Indeed, on the one hand, post conflict economic reconstruction and development requires and relies on FDI. On the other, rights granted to foreign investors before and during the post conflict phase may result in a backlash for states recovering from conflict because rights granted to foreign investors have - besides the general tensions caused by such instruments - specific consequences in post conflict situations due to the economic, security-related, social and demographic specificities of those situations. This article maps and charts the issues raised by FDI protection in post-conflict situations, and thus provides the context for the debate of the interaction between FDI regulation and post-conflict situation.

Keywords: Foreign Direct Investment, post-conflict reconstruction, Jus Post Bellum

Suggested Citation

De Brabandere, Eric, Jus Post Bellum and Foreign Direct Investment – Mapping the Debate (September 9, 2015). 16 The Journal of World Investment & Trade (2015), pp. 590-603; Leiden Law School Research Paper. Available at SSRN: https://ssrn.com/abstract=2658095

Eric De Brabandere (Contact Author)

Leiden University - Grotius Centre for International Legal Studies ( email )

Leiden University Law Faculty
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+31 71 527 7509 (Fax)

HOME PAGE: http://www.law.leiden.edu/organisation/publiclaw/publicinternationallaw/staff/eric-de-brabandere-.ht

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