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

Cambridge Studies in International and Comparative Law

By (author) Patrick Dumberry
Format: Paperback / softback
Publisher: Cambridge University Press, Cambridge, United Kingdom
Published: 13th Dec 2018
Dimensions: w 152mm h 229mm d 27mm
Weight: 708g
ISBN-10: 1316503070
ISBN-13: 9781316503072
Barcode No: 9781316503072
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Synopsis
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.

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'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, Transnational Dispute Management