Chapter

Full Protection and Security

Helge Elisabeth Zeitler

in International Investment Law and Comparative Public Law

Published in print October 2010 | ISBN: 9780199589104
Published online January 2011 | e-ISBN: 9780191595455 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199589104.003.0006
Full Protection and Security

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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

Chapter.  15565 words. 

Subjects: Constitutional and Administrative Law

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