International investment law : the sources of rights and obligations


    • Gazzini, Tarcisio
    • Brabandere, Eric de


International investment law : the sources of rights and obligations

edited by Tarcisio Gazzini, Eric De Brabandere

M. Nijhoff, 2012

  • : hardback

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Includes bibliographical references and index



Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.


CONTENTS Preface Biographies List of Abbreviations Table of Cases Introduction - Pierre d'Argent I. International Customary Investment Law: Story of a Paradox - Jean d'Aspremont II. Preferential Trade and Investment Treaties - Erik Denters III. The Energy Charter Treaty - Matthew Happold and Thomas Roe IV. Bilateral Investment Treaties - Tarcisio Gazzini V. General Principles of Law and International Investment Law - Stephan W. Schill VI. National Legislation and Unilateral Acts of States - Makane Moise Mbengue VII. International Investment Contracts - Patrick Dumberry VIII. Arbitral Decisions As a Source of International Investment Law - Eric De Brabandere IX. Non-Binding Documents and Literature - Tony Cole Conclusion The Sources of International Investment Law: Concluding Thoughts - Christian J. Tams Index

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