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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 4: INTERNATIONAL LAW, DOMESTIC LAW AND CONTRACTS: ARTICULATING DIFFERENT SETS OF RELEVANT RULES

Arnaud de Nanteuil

Extract

This chapter explores the relationship between the different sets of rules that may be relevant in an investment relationship, namely: domestic law; international law; and contracts. All the three of them indeed provide rules that are applicable in an investor-State relationship but questions are quite different in nature and in scope: the relationship between international and domestic law indeed raises the question of their respective role and articulation. The contract issue rather raises the issue of the relationship between the contract and a treaty, if any. Hence, the central and complex issue of relation between treaty and contract claim is explored here.

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