Top 10 Legal Questions about Sources of International Investment Law

The Fascinating World of Sources of International Investment Law

As a legal professional, the sources of international investment law have always intrigued me. The complex intertwining treaties, Customary International Law, and General Principles of Law creates a dynamic ever-evolving framework regulating international investment. In this blog post, I will explore the various sources of international investment law and their significance in shaping the global investment landscape.

Treaties

Treaties are a primary source of international investment law, with bilateral investment treaties (BITs) and multilateral investment treaties (MITs) playing a crucial role in governing investment relations between states. According to UNCTAD, there are currently 2,878 BITs and 288 MITs in force worldwide, reflecting the extensive network of legal instruments that govern international investment.

Customary International Law

Customary international law also plays a significant role in shaping international investment law. Customary rules, established through consistent state practice and opinio juris, provide additional legal principles and norms that govern investment activities. The International Law Commission`s Articles on State Responsibility and the Nottebohm case are prime examples of how customary international law has influenced investment arbitration and state responsibility.

General Principles of Law

General Principles of Law, recognized by civilized nations, serve as another source international investment law. These principles, derived from domestic legal systems and international legal traditions, contribute to the development of a coherent and consistent framework for resolving investment disputes. The principles of equity, good faith, and estoppel are often invoked in investment arbitration to ensure fair and just outcomes.

The sources of international investment law are diverse and multifaceted, reflecting the complex nature of global investment. Treaties, Customary International Law, General Principles of Law collectively contribute development a robust legal framework governs international investment. As the global economy continues to evolve, the significance of these sources in shaping investment relations cannot be overstated.

International Investment Law: Legal Contract

This contract is entered into by and between the parties involved in international investment law, in accordance with the relevant provisions of the applicable laws and legal practice governing international investment.

Whereas the Parties desire to formalize their legal relationship and obligations under international investment law;

Now, therefore, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows:

1. Definitions.

For the purposes of this Agreement, the following terms shall have the meanings ascribed to them below:

a. “Investment” shall mean any kind of asset invested by the Investor in accordance with the applicable international investment laws and regulations;

b. “Jurisdiction” shall mean the legal and regulatory framework that governs the Investor`s activities and rights related to the Investment;

c. “Applicable law and legal practice” shall mean the laws, regulations, legal principles recognized under international investment law;

2. Representation Warranties.

The Investor represents and warrants that it has the legal capacity and authority to enter into this Agreement and to carry out the Investment in compliance with the applicable international investment laws and regulations;

3. Dispute Resolution.

Any dispute arising out of or in connection with this Agreement shall be resolved through arbitration in accordance with the rules of [Arbitration Institution] and the laws governing the jurisdiction of the Investment;

4. Applicable Law.

This Agreement shall be governed by and construed in accordance with the laws and legal practices governing international investment;

5. Amendments Modifications.

No modification or amendment of this Agreement shall be valid unless made in writing and signed by both Parties;

6. Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument;

7. Integration.

This Agreement constitutes the entire understanding and agreement between the Parties with respect to the subject matter hereof, and supersedes any and all prior or contemporaneous oral or written agreements and understandings relating to the subject matter of this Agreement;

8. Severability.

If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited;