The protection of national security in IIAs
By: United Nations Conference on Trade and Development.
Contributors: United Nations Conference on Trade and Development.
Series: UNCTAD series on international investment policies for development
Publisher: United Nations
Published: 2009
Place of publication: New York; Geneva
Language: eng
Number of pages: 157
ISBN-13: 9789211127720
Subjects: Investments, Foreign -- Law and legislation; National security; Arbitration, International
Description: The challenge for governments is to find an appropriate balance -- ensuring a sufficient level of protection for its national security interests, while at the same time ensuring that investment protection is still strong enough to keep the country attractive for foreign investors.  The review undertaken for this study suggests that up to now, only a minority of IIAs [International investment agreements] contain some kind of national security exception, and that such clauses are more frequent in agreements covering the entry of foreign investment than in treaties limited to the post-establishment phase.  IIA Contracting Parties have various options to clarify the scope and conditions under which a national security exception applies.  All these options help to prevent the subject of national security exceptions in IIAs from becoming a "black and white" matter, and allow more differentiated solutions to be adopted, permitting a fair balance between the interests of the Contracting Parties and the foreign investors.--Publisher's description
Notes: "Sales no.: E.09.II.D.12."--P. iii.

Includes bibliographical references (p. [139]-141).

Also available on the Internet.
Table of contents: title: The evolving concept of national security, from countering military threats to tackling economic crisis and protecting strategic industries; title: The role of IIAs; title: Main policy issues concerning the protection of national security interests; title: International jurisprudence and national security; title: The use of the term "essential security interests" and related terms used in IIAs; title: Conditions for invoking a security-related exception in IIAs; title: Security-related exceptions in relation to specific IIA provisions; title: Non-applicability of a security-related exception with regard to invididual IIA provisions; title: No exception related to national security; title: Clarification of the term "essential security interests"; title: Necessity of the host country response; title: Additional means of limiting the scope of application of a security-related exception.