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  3. The Formation and Identification of Rules of Customary International Law in International Investment Law
  • Cited by 31
Publisher:
Cambridge University Press
Online publication date:
May 2016
Print publication year:
2016
Online ISBN:
9781316481479
DOI:
https://doi.org/10.1017/CBO9781316481479
Subjects:
Public International Law, Law, International Trade Law, International Relations and International Organisations, Arbitration, Dispute Resolution and Mediation
Series:
Cambridge Studies in International and Comparative Law (119)
Information

Book description

Rules of customary international law provide basic legal protections to foreign investors doing business abroad. These rules remain of fundamental importance today despite the growing number of investment treaties containing substantive investment protection. In this book, Patrick Dumberry provides a comprehensive analysis of the phenomenon of custom in the field of international investment law. He analyses two fundamental questions: how customary rules are created in this field and how they can be identified. The book examines the types of manifestation of state practice which should be considered as relevant evidence for the formation of customary rules, and to what extent they are different from those existing under general international law. The book also analyses the concept of states' opinio juris in investment arbitration. Offering guidance to actors called upon to apply customary rules in concrete cases, this book will be of significant importance to those involved in investment arbitration.

Reviews

'The book is a useful guide to a persistently difficult area of law and will be useful for practitioners, academics, and others interested both in the interaction between BITs and customary international law and the role of customary international law in international investment law.'

Fabien Gelinas and Lucas Clover Alcolea Source: Transnational Dispute Management

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