L'arbitrage d'investissement et les guerres

This book examines whether and how notions from IIL and IHL influence or even exclude each other. The main research question is whether IHL or IIL should be considered lex specialis in times of conflicts. These issues have only partially been addressed in current arbitrations between Ukrainian investors and Russia. A key issue that is addressed in the book is the importance of arbitrators' territorial jurisdiction in russian occupied territories of Ukraine. The authors highlights the legal mistakes done by some of the contemporary Commentators (grossly confusing International Human Rights Law with International Investment Law) as well as by some arbitrators in the application of International Investment Law. A systematic view is needed, comprehending both international armed conflicts and non international armed conflicts. This book provides the legal answers without fragmentation of the international law regime.