The Application of Investment Treaties in Occupied or Annexed Territories and ‘Frozen’ Conflicts: Tabula Rasa or Occupata?
Year: 2020

This chapter addresses the question whether and how an occupying or annexing state can be held accountable for its acts and omissions regarding investments and property in claimed territory. While article 43 Hague Regulations argues in favour of continuity of the occupied state’s law for occupation, its relevance for investment law is limited. This chapter sets out two principles, which are each other’s antipode. Inter-state violations, the object and purpose of the treaty, acquired rights and t