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Vol 23 No 5 May/June 2018

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International Investment Law: The Sources of Rights and Obligations

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Edited by: Tarcisio Gazzini, Eric De Brabandere

ISBN13: 9789004214309
Published: September 2012
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £142.00

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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.

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International Investment Law
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