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International Investment Arbitration in a Jus Post Bellum Framework

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Reaffirming the rule of law and redressing harm to rights are key considerations in the search for a just and sustainable peace. Post-conflict claims for damage to alien property have a long history. The extensive network of investment treaties and relevant protections contained therein suggest that investment arbitration tribunals may play a role in re-establishing respect for international norms post-conflict. Tribunals may also, however, detract from the peacebuilding process if they do not consider the broader context in which they are operating. There is an inherent tension in urging specialist, ad hoc bodies with limited jurisdiction to consider a wide range of circumstances, interests and norms. Yet, as this article demonstrates, the nature of investment treaties and applicable protections, defences, justifications, and procedural tools, afford tribunals avenues to take a broader view of relevant legal norms and of the circumstances and interests implicated in the claim.

Affiliations: 1: International Court of Justice, The Hague, The Netherlands, merryllw@gmail.com

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/content/journals/10.1163/22119000-01604004
2015-07-11
2017-11-23

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