CYIL vol. 8 (2017)

PETR STEJSKAL CYIL 8 ȍ2017Ȏ chování jen některých stran konfliktu, nebo proto, že nedodržení povinnosti ochrany může být pokryto kvalifikovanou výjimkou. Tento článek tak v neposlední řadě také identifikuje některé praktické problémy a interakce mezi právem ozbrojených konfliktů a právem zahra- ničních investic. Key words: Law of armed conflict, law of foreign investments, full protection and security, war clause, international armed conflict, non-international armed conflict. On the Author: Mgr. Petr Stejskal is a Ph.D. student in the European and International Law doctoral study program at the Faculty of Law, Palacky University in Olomouc. He graduated with his master’s degree with honours at the same faculty in 2016. The topic of his master’s thesis was Coercion in International Law in the Background of Ukrainian Crisis, which was awarded the best student scientific work in 2016 by the Rector of Palacky University Olomouc. In the academic year 2016/2017, he was a coach and at the same time a member of the team in the Philip C. Jessup International Law Moot Court Competition on behalf of Palacky University Olomouc. Introduction Civilian populations have always been affected by armed conflicts not only in recent decades. Unfortunately, we are still witnessing numbers of armed conflicts in the world with negative impacts on people residing in affected territories. An important fact is the way armed conflicts affect foreign investments is also influencing the living conditions of the civilian population. The flow of foreign investments to the territory of a host state, represented, for example, by capital, technology or know-how, is very advantageous, perhaps even vital for the host state economy. As the world is economically globalised today, the quantity of foreign investment is a significant factor for the creation of new jobs for nationals of the host state, development of its natural resources, strengthening of local industries and transfer of new technology to the territory. 2 This link is even more evident in developing countries. 3 Those are factors to a certain extent influencing both the welfare of people and their needs and the stability of the host state. Relating to armed conflicts, we can therefore rightfully assume that by enforcing economic and social stability, foreign investments have a significant conflict- prevention effect. 4 Moreover, the role of direct investments is tremendous in the post-conflict recovery of the damaged region as well. On the other hand, foreign investors are seeking stability and security for their investments when assessing risks and gains before establishing an investment in a host state. Armed conflict is undoubtedly an event which can and occasionally does seriously harm the investment. A substantial portion of modern investment disputes have arisen through the continued scourge of armed conflicts between or within states. 5 We can look into the numbers 6 and a global 2 SALACUSE, J. W., The Law of Investment Treaties. 2nd Edition, Oxford University Press, 2015, p. 47. 3 TADLOCK, R. D., Occupation Law and Foreign Investment in Iraq: How an Outdated Doctrine Has Become an Obstacle to Occupied Populations. University of San Francisco Law Review , Vol. 39, Issue 1, 2005, p. 228. 4 Ibid , pp. 231, 251. 5 Book Symposium Investment Law: The Interaction Between Investment Law and The Law of Armed Conflict in The Interpretation of Full Protection and Security Clauses [online]. opiniojuris.org, October 2, 2013 [accessed February 2017]. Available at < http://opiniojuris.org/2013/10/02/book-symposium-investment-law-interaction-investment-law- law-armed-conflict-interpretation-full-protection-security-clauses/ >. 6 Yearly growing amount of global investment flows and adaptation of numbers of investment policy measures 1.

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