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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 11: GENERAL EXCEPTIONS TO INVESTMENT PROTECTION

Arnaud de Nanteuil

Extract

This chapter addresses the core issues of exceptions to investment protection which allow States to derogate from their commitments. Such exceptions are meant to ensure that investment protection does not impair States’ right to act in favour of the public welfare. This chapter also includes developments on circumstances precluding wrongfulness, which are not specific to investment law but, as an exception included within the rules on State liability, have been widely used in some investment cases.

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