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Jus Post Bellum and Foreign Direct Investment: Mapping the Debate

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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.

Affiliations: 1: Leiden University, The Netherlands, e.de.brabandere@law.leidenuniv.nl

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/content/journals/10.1163/22119000-01604002
2015-07-11
2017-12-18

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