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The protection of national security in IIAs / United Nations Conference on Trade and Development.

Contributor(s): Material type: TextTextSeries: UNCTAD series on international investment policies for developmentPublication details: New York ; Geneva : United Nations, 2009.Description: xx, 157 p. ; 21 cmISBN:
  • 9789211127720
  • 9211127726
Subject(s): DDC classification:
  • 346.092 PREO.P9
Online resources: Available additional physical forms:
  • Also available on the Internet.
Partial contents:
The evolving concept of national security, from countering military threats to tackling economic crisis and protecting strategic industries -- The role of IIAs -- Main policy issues concerning the protection of national security interests -- International jurisprudence and national security -- The use of the term "essential security interests" and related terms used in IIAs -- Conditions for invoking a security-related exception in IIAs -- Security-related exceptions in relation to specific IIA provisions -- Non-applicability of a security-related exception with regard to invididual IIA provisions -- No exception related to national security -- Clarification of the term "essential security interests" -- Necessity of the host country response -- Additional means of limiting the scope of application of a security-related exception.
Summary: 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
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Holdings
Item type Current library Home library Collection Call number Status Date due Barcode
UN & WB Publications UN & WB Publications Kerala University Library Reference Kerala University Library U N Publication 346.092 PREO.P9 (Browse shelf(Opens below)) Not for loan UWO1454

"Sales no.: E.09.II.D.12."--P. iii.

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

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

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

Also available on the Internet.

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