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International Investment Law

Arnaud de Nanteuil

This comprehensive book provides a complete overview of the international legal system of foreign investment protection, synthesising material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection. Through this systematic approach, the book considers all aspects of the discipline, providing a thorough and accessible analysis.
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Chapter 2: DOMESTIC SOURCES OF INTERNATIONAL INVESTMENT LAW

Arnaud de Nanteuil

Extract

This chapter explores the domestic sources of international investment law. Indeed, even if the topic is mainly international, domestic sets of rules are still relevant in some respect. This is so first because most State have set up rules regarding foreign investment protection and second because some domestic mechanisms of public liability may prove relevant for the purposes of protecting foreign assets on the territory of a State. This chapter also explores the legal basis for an international arbitral tribunal to apply domestic law. Hence, it is demonstrated that international investment law has somehow a hybrid nature, since it is based both on international and national rules.

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