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The Formation and Identification of Rules of Customary International Law in International Investment Law Patrick Dumberry (University of Ottawa)

The Formation and Identification of Rules of Customary International Law in International Investment Law By Patrick Dumberry (University of Ottawa)

The Formation and Identification of Rules of Customary International Law in International Investment Law by Patrick Dumberry (University of Ottawa)


Summary

Rules of customary international law provide basic legal protections to foreign investors. This book analyses how they are created and how they can be identified. Offering guidance to actors called upon to apply such rules in concrete cases, this work is of significant importance to those involved in investment arbitration.

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

The Formation and Identification of Rules of Customary International Law in International Investment Law by Patrick Dumberry (University of Ottawa)

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.

The Formation and Identification of Rules of Customary International Law in International Investment Law 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, Transnational Dispute Management

About Patrick Dumberry (University of Ottawa)

Patrick Dumberry is an Associate Professor at the Faculty of Law (Civil Law Section), University of Ottawa. From 1998 to 2009, he practiced international law and investor-state arbitration at law firms in Geneva (Lenz and Staehelin, and Lalive) and Montreal (Norton Rose Fulbright), as well as at Canada's Ministry of Foreign Affairs and International Trade (Trade Law Bureau). He completed his Ph.D. in international law at the Graduate Institute of International Studies in Geneva, Switzerland, in 2006. He is the author of more than fifty publications in the fields of international investment law and international law, including State Succession to International Responsibility (2007) and The Fair and Equitable Treatment Standard: A Guide to NAFTA Case Law on Article 1105 (2013).

Table of Contents

Introduction; 1. The concept of customary international law; 2. 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; 3. State practice; 4. Opinio juris; 5. The fundamental importance of customary rules in international investment law; General conclusion.

Additional information

NPB9781107138520
9781107138520
1107138523
The Formation and Identification of Rules of Customary International Law in International Investment Law by Patrick Dumberry (University of Ottawa)
New
Hardback
Cambridge University Press
2016-03-18
534
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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