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Seminar lecture:

Prof. Robert Howse 
Lloyd C. Nelson Professor of International Law 

Adv. Amin Yacoub


 Should States be Liable under Investment Agreements for Failure to Prevent Non-state Actor Violence in Conflict Zones? A Skeptical View: The Case of Ampal v. Egypt

Wednesday, June 12, 2019 between 14:15-15:45

Room 1013, Terrace building, University of Haifa*

Lecture was streamed live and available on YouTybe 


An investor operates a facility in what has become one of the most dangerous places in the Middle East; despite the efforts of the host state's army, terrorist attacks on the facility continue. According to a recent ICSID decision, Ampal v.Egypt [FOOTNOTE], the failure of Egypt to stop terrorist attacks on a pipeline running through the Sinai area is a violation of the investment treaty obligation to provide "full protection and security." The policy question raised by converting a rather typical treaty provision that gives the investor a right to normal police protection into absolute liability for terrorist attacks is an important one. In a contradictory if not tendentious and disingenuous finding, the arbitral tribunal held that Egypt had not exercised "due diligence" while the facts presented to the tribunal indicated that what happened was in fact that in response to the situations Egypt's army had indeed reacted, but proved ineffective in stopping further attacks.

In this article, we systematically analyze and critique the approach of the tribunal in Ampal to host state responsibility for violence by non-state actors such as terrorist groups, and examine alternative approaches to the protection of foreign investment in conflict zones, such as political risk insurance.

Paper is available upon request - contact Michal at:  This email address is being protected from spambots. You need JavaScript enabled to view it.

* The Center is located at ground level of the Terrace building (Hamadrega). See map
For more details, contact Michal at  This email address is being protected from spambots. You need JavaScript enabled to view it.

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