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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 7: SUBSTANTIVE PROTECTION (1): PRELIMINARY ISSUES

Arnaud de Nanteuil

Extract

This chapter addresses the question of the exact scope of investment treaty protection provisions. The main issue is whether this protection applies once the investment has been admitted on the territory of the State or if it may apply before this admission. The vast majority of treaties apply after the admission, thus leaving the State complete freedom in determining the conditions under which foreign investment may enter their territory.

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