Full Protection and Security

Abstract

Most investment treaties contain provisions granting full protection and security for investments. The wording of these clauses suggests that the host State is under an obligation to take active measures to protect the investment from adverse effects. The adverse effects may stem from private parties or from actions of the host State and its organs. More recently tribunals have found that provisions of this kind also guaranteed legal security enabling the investor to pursue its rights effectively. Tribunals have disagreed on whether full protection and security merely reflects the broader, fair and equitable treatment standard and customary international law or offers an independent and additional standard. Arbitral practice is generally agreed that this standard of protection merely requires due diligence and does not create absolute liability.

Investing into North African Solar Power

“…11 (1) and (2) of the G/M-BIT stipulates that a disagreement concerning the investment is sufficient for dispute settlement. 286 Furthermore, Art. 11(2) of the G/M-BIT stipulates that ICSID jurisdiction is applicable for any investment dispute.…”

“…285 Such factors include the high unemployment rate and the growing deterioration of living conditions in the slums. 286 Amongst the youth of Morocco, there is also an increasing acceptance of al-Qaeda. Forty-four percent of young Moroccans do not regard al-Qaeda as a terrorist organization.…”

“…290 As a consequence of the Casablanca bombing, Morocco has increased the protection of possible terrorist targets. 291 New forms of political treatment and antiterrorist legislation have been passed to fight terrorism. 292…”

“…290 Furthermore, Moroccans actively participated in the Spanish train bombings in 2004, in: Alonsoa andReya (2007), 571 (579) and (580)(581). 291 Alonsoa and Reya (2007), 571 (584). 292 These new regulations are closely connected to allegations of mistreatment and torture, in: Alonsoa and Reya (2007), 571 (584); However the whole regency of King Hassan II is closely associated with dictatorship, violent repression and torture, in: Kausch (2009), 165 (165);King Hassan II role, in: Sater (2009), 181 (183); There is also the fear that these new strict regulations lead to a better organization of terroristic groups, in: Alonsoa and Reya (2007), 571 (584)(585); New political treatment, in: Alonsoa and Reya (2007), 571 (585)(586).…”

“…292 These new regulations are closely connected to allegations of mistreatment and torture, in: Alonsoa and Reya (2007), 571 (584); However the whole regency of King Hassan II is closely associated with dictatorship, violent repression and torture, in: Kausch (2009), 165 (165);King Hassan II role, in: Sater (2009), 181 (183); There is also the fear that these new strict regulations lead to a better organization of terroristic groups, in: Alonsoa and Reya (2007), 571 (584)(585); New political treatment, in: Alonsoa and Reya (2007), 571 (585)(586). 293 , 565 (595); Darwazeh and El-Kosheri (2008), 203 (203). 294 Sater (2009), 181 (181-182); Joffé (2009), 151 (151-152).…”