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The Regime Established

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Chapter Summary

Investment treaties are often seen as successors to the FCN, the conclusion of which were driven by developed countries throughout the 19th and the first half of the 20th centuries. These FCN were chiefly aimed at the facilitation of trade and the regulation of foreign investment and protection of foreign property. This chapter presents three methods of establishing consent in international investment arbitration. The legal effects of the investment treaty regime are essential for determination of its impact upon contractual relationships. Especially, three aspects are very important in the so-called internationalization of investment contracts. These aspects are: (i) the direct conferral of rights upon the foreign investor, (ii) the consequences of a treaty breach, and (iii) the application of international law.

Keywords: foreign investment; foreign property; international investment arbitration; international law; internationalization; investment contracts; investment treaties

10.1163/ej.9789004192232.i-363.16
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