The formation and identification of rules of customary international law in international investment law / Patrick Dumberry.

Format:

Book

Author/Creator:

Dumberry, Patrick, author.

Series:

Cambridge studies in international and comparative law (Cambridge, England : 1996) ; 119.

Cambridge studies in international and comparative law ; 119

Language:

English

Subjects (All):

Investments, Foreign--Law and legislation.

Investments, Foreign.

Customary law, International.

Physical Description:

1 online resource (xxix, 496 pages) : digital, PDF file(s).

Other Title:

The Formation & Identification of Rules of Customary International Law in International Investment Law

Place of Publication:

Cambridge : Cambridge University Press, 2016.

System Details:

text file

PDF

Summary:

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.

Contents:

The concept of customary international law

Dancing with the sources : the fascinating story of the relative importance of custom and treaties at different times in the evolution of international investment law

State practiceion

Opinio juris

The fundamental importance of customary rules in international investment law.

Notes:

Title from publisher's bibliographic system (viewed on 05 May 2016).

Other Format:

Print version:

ISBN:

9781316481479

Access Restriction:

Restricted for use by site license.