The Interaction of International Investment Law and International Humanitarian Law

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My research aims to examine the simultaneous application and interaction of two branches of international law in situations of armed conflict - international investment law ("IIL") and international humanitarian law ("IHL"). To date, international investment tribunals ("Tribunals") have considered the liability of States to compensate foreign investors who suffered damage during armed conflict only according to principles of IIL. I propose to consider whether there is a legal basis for Tribunals to apply IHL as well, despite the fact that their expertise and mandate lie in IIL. My thesis would be the first long piece of research to consider whether, and how, claims brought by foreign investors could be decided according to IHL as well. Beyond its academic gap-filling function, my thesis could have wider judicial and social ramifications. A finding that Tribunals may go beyond IIL, and apply IHL too, could assist war-ridden States in resisting billion-dollar investor claims, which have the potential to destabilise these States' frail economy, and impede their post-conflict recovery. My methodology comprises a doctrinal research approach, as I will consider (i) relevant previous cases decided by Tribunals and (ii) investment treaty agreements entered into by various States which are involved in armed conflicts.