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The Protection of National Security in IIAs

  • Author: UNCTAD
  • Publication date: November 2009
  • Page count: 182
  • Language(s) in this book: English
  • Sales number: 09.II.D.12

Available Formats

ISBN: 9789210543163

About the product

After almost two decades of nearly unequivocal support for investment liberalization, many countries have started to re-evaluate these policies, and some have introduced adjustments, thereby exercising their right to regulate foreign investment to pursue domestic policy objectives. Security concerns have been invoked in relation to planned investments in so-called strategic industries and critical infrastructure. Thus, the issue has implications that go far beyond the defense-related activities for which the national security exception was initially designed. The paper explores the role of international investment agreements (IIAs) in connection with investment restrictions based on national security considerations, and what approaches there treaties have taken with regard to national security exceptions.