The protection of national security in IIAs

상세정보

자료유형	단행본
서명/저자사항	The protection of national security in IIAs/ United Nations Conference on Trade and Development.
단체저자명	United Nations Conference on Trade and Development.
발행사항	New York ; Geneva: United Nations, 2009.
형태사항	xx, 157 p.; 21 cm.
총서사항	UNCTAD series on international investment policies for development,1814-2001
ISBN	9789211127720(2009): 9211127726
정부문서번호	UNCTAD/DIAE/IA/2008/5 undocs
일반주기	"Sales no.: E.09.II.D.12."--P. iii.
서지주기	Includes bibliographical references (p. [139]-141).
내용주기	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.
요약	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
이용가능한 다른형태자료	Also available on the Internet.
일반주제명	Investments, Foreign -- Law and legislation. National security. Arbitration, International.
분류기호(DDC)	341.752
언어	영어