PhD Defence Ian Jens Dieter Hillebrand Pohl

Keywords: Geïnstrumentaliseerde investeringen, Internationale arbitrage, Nationale veiligheid, Bescherming van investeerders
 

"Arbitration of Disputes Related to National Security Screening of Foreign Investments"

This PhD research investigates how international arbitration resolves disputes between states and foreign investors, particularly when national security is cited as a reason for restrictive measures. The study examines the concept of "weaponized investments," where foreign direct investments (FDI) are perceived as tools of geopolitical strategy. It highlights the challenges of balancing state sovereignty with investor protections and calls for clearer guidelines in arbitration processes. The research also explores how security exception clauses and the necessity defense are used by states to justify their actions, and the implications for investor confidence. Ultimately, the thesis argues that while safeguarding national security is vital, arbitration must evolve to ensure fairness, transparency, and predictability in resolving these complex disputes.

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