The International Law of Investment Claims considers the distinct principles governing the prosecution of a claim in investment treaty arbitration. The principles are codified as 54 'rules' of general application on the juridical foundations of investment treaty arbitration, the jurisdiction of the tribunal, the admissibility of claims and the laws applicable to different aspects of the investment dispute. The commentary to each proposed rule contains a critical analysis of the investment treaty jurisprudence and makes extensive reference to the decisions of other international courts and tribunals, as well as to the relevant experience of municipal legal orders. Solutions are elaborated in respect of the most intractable problems that have arisen in the cases, including: the effect of an exclusive jurisdiction clause in an investment agreement with the host state; reliance on the MFN clause in relation to jurisdictional provisions; and, the legitimate scope of derivative claims by shareholders.

Includes bibliographical references and index

Introduction --- Legal frameworks for the protection of foreign investment in times of armed conflict -- The effect of armed conflicts on investment treaties -- Investment treaty protections against conflict-related injuries -- Host state's defences against conflict-related investment claims -- The interplay of investment law and international humanitarian law -- Investment treaty claims and post-conflict justice -- Conclusion. he juridical foundations of investment treaty arbitration -- Applicable laws -- Taxonomy of preliminary issues relating to jurisdiction and admissibility in investment treaty arbitration -- Consent to the arbitration of investment disputes -- Investment -- Jurisdiction ratione materiae -- Jurisdiction ratione personae -- Jurisdiction ratione temporis -- The obligation to accord most-favoured-nation treatment and the jurisdiction of an investment treaty tribunal -- Admissibility : contractual choice of forum -- Admissibility : shareholder claims -- Admissibility : dispositions relating to the legal and beneficial ownership of the investment -- Admissability : denial of benefits.

Foreign investors often sustain injuries during violent situations, such as riots, revolutions, civil wars, and international armed conflicts. There is a great deal of uncertainty about how effective investment treaty protections are in volatile times, how they relate to other applicable legal frameworks, and how they affect the state security policy and the post-conflict transition to peace. 0This book explores how foreign investment is protected in times of armed conflict under the investment treaty regime. It does so by combining insights from different areas of international law, including international investment law, international humanitarian law, international human rights law, the law of state responsibility, and the law of treaties. While the protections have evolved over time, with the investment treaty regime providing the strongest legal framework for protecting investors yet, there has been an apparent shift in treaty practice towards safeguarding a state's security interests.0Jure Zrilic identifies and analyses the flaws in the existent normative framework, but also highlights the potential that investment treaties have for minimising the devastating effects of armed conflict. The book offers an analytical framework for assessing the investment treaty regime in times of armed conflict, distinguishing between different paradigms and different types of conflicts. Crucially, he argues that a new approach is needed to appropriately balance the competing interests of0host states and investors when it comes to investment protection in armed conflicts.