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International Investment Law and Comparative Public Law$
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Stephan W. Schill

Print publication date: 2010

Print ISBN-13: 9780199589104

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199589104.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 12 November 2019

Full Protection and Security

Full Protection and Security

Chapter:
(p.183) 6 Full Protection and Security
Source:
International Investment Law and Comparative Public Law
Author(s):

Helge Elisabeth Zeitler

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199589104.003.0006

Clauses guaranteeing investor ‘full protection and security’ are included in most bilateral and multilateral investment treaties. They require not only abstention by the host State from physically damaging foreign investment, but also positive measures to protect foreign investment, in particular against harm caused by private actors. This chapter shows the importance of and need for a comparative legal approach in order to understand what a guarantee of ‘full protection and security’ means today, in customary international law, but also in bilateral and multilateral investment treaties. It starts with an analysis of the origins of the clauses in customary international law and its importance for the understanding of their content under investment treaties, before analysing investment law jurisprudence on this basis. The applicable standard of protection in investment treaties is clarified in comparative perspective, in particular as regards human rights protection systems, with a view to developing general principles of law.

Keywords:   full protection and security, Status positivus, positive action, customary international law, private actors, due diligence, human rights treaties, legal protection, physical protection

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