Ieguldījumu aizsardzība okupētajās un kara postītajās teritorijās
Year: 2023

As a result of the occupation and annexation of Crimea, Ukrainian investors have filed several investment claims against Russia. These cases have raised, among other things, the question of what investment treaties, if any, are applicable in the occupied territory. In answering this question, the current paper first examines the obligations of the occupier under the law of occupation vis-à-vis the investment treaty obligations pertaining to occupied state. Recent arbitral decisions upholding arb