Retain ability to hold OTHER states to these norms.
By staking its claim and trying to allow itself an out, both sides are happy.
ICRC can simply say they disagree, and promote their compilation.
Does same thing with World Bank soft-law suggestions re: FDI
Subverts efficacy by creating BITs – which have greatly proliferated
Foreign Direct Investment
Transfer of capital from country X investor to country Y, with claim any income generated by that capital.
History of colonialism – let developing countries exploit resources of colonies as they wanted
As decolonization occurs, incidents of developing states “expropriating” foreign assets on large scale
Notably, nationalization of Western oil company holdings