International Investment Law. The Sources of Rights and ObligationsTarcisio Gazzini, Eric De Brabandere 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
II Preferential Trade and Investment Treaties | 49 |
III The Energy Charter Treaty | 69 |
IV Bilateral Investment Treaties | 99 |
V General Principles of Law and International Investment Law | 133 |
VI National Legislation and Unilateral Acts of States | 183 |
VII International Investment Contracts | 215 |
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agreement applicable law arbitral decisions arbitral tribunals Argentine Republic argued Article 38 Bilateral Investment Treaties BITs breach claims Comparative Public Law concluded Contracting Party Corporation customary international law Czech Republic Decision on Jurisdiction dispute settlement domestic law domestic legal droit international Dumberry Energy Charter Treaty fair and equitable Final Award Foreign Investment Law foreign investors Government I.C.J. Reports Ibid ICSID Convention IIA arbitrator IIA tribunals instruments Int’l International Arbitration International Court international investment arbitration international investment law international legal interpretation Investment Treaty Arbitration investor-State jurisprudence constante legal orders legal systems legitimate expectations ment multilateral NAFTA normative ofthe onJurisdiction Oxford University Press Paradell paras practice principles of law principles of public provides public international law relations relevant respect role rule of law Schill Schreuer soft law sources of international stare decisis substantive Thunderbird Gaming tion Trade tribunal’s umbrella clause UNCITRAL unilateral acts United Mexican