Edited by Markus Krajewski and Rhea T. Hoffmann
Chapter 9: Investor-state contracts
Where an investment is made in a foreign country, a contract is often entered into between the investor and the government of that country, or with a government entity formally independent of but still closely tied to the government. The chapter first examines the legal, practical and theoretical aspects of how these contracts become subject to international law, both historically and today, especially through the medium of international arbitration. It then discusses the question of the applicable law, including the relationship between municipal law and international law. Furthermore, the chapter examines more closely the substantive international law applicable to investor-state contracts, which includes both rules protecting contracts as assets or legitimate expectations against illegitimate intrusions by state power. Finally, the crucial and difficult question of contractual restriction of state powers, and the more specific international legal approach that has developed in relation to so-called stabilization clauses is explored.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.