Objective Scope of Application: Protected Interests and Covered Risks

  • Sebastián Mantilla Blanco
Part of the European Yearbook of International Economic Law book series (EUROYEAR, volume 8)


FPS clauses protect investments as defined in the applicable treaty. By contrast, the customary FPS standard protects a wide array of rights and interests of aliens. The notion of ‘acquired values’ facilitates the description of such broad object of protection. The customary FPS standard covers only specific categories of risk, which are ascertainable by their source. The essence of FPS pertains to the reaction of the host state towards a risk that does not originate in its own conduct. The heart of the standard is thus the protection of aliens against injuries caused by private individuals and other third parties, including other states and international organizations. In addition, FPS refers to environmental risks and collateral damages inflicted in the course of security operations, such as counterinsurgency maneuvers.

Copyright information

© Springer Nature Switzerland AG 2019

Authors and Affiliations

  • Sebastián Mantilla Blanco
    • 1
  1. 1.BonnGermany

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