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
11 Pages Posted: 10 Sep 2015
Date Written: September 9, 2015
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
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