La protection des investissements étrangers face aux vulnérabilités au Sahel
Events in the Sahel over the past decade, exacerbated by the overthrow of civilian governments, have been the subject of extensive commentary. The insecurity raises numerous questions of international law, involving the commitments to protect investments made by these states. However, this important...
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| Materyal Türü: | Article ou chapitre numérique |
| Dil: | Français |
| Baskı/Yayın Bilgisi: |
2024
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| Online Erişim: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Özet: | Events in the Sahel over the past decade, exacerbated by the overthrow of civilian governments, have been the subject of extensive commentary. The insecurity raises numerous questions of international law, involving the commitments to protect investments made by these states. However, this important issue seems to escape even the most astute observers. The protection of foreign investments involves long-term commitments that are vulnerable in conditions of conflict or insecurity. In this context, force majeure and the state of necessity may be considered as possible but limited means of exemption under the international law of state responsibility for the benefit of these states. The investment agreements ratified by these states and the investment codes include several provisions, such as the full protection and security clauses and the compensation for loss clauses. These provisions address critical situations like insecurity or political instability. The purpose of this article is to demonstrate that the applicability of these protection rules in the current context of the Sahel remains mixed with regard to foreign investments. |
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