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Chapter Summary

Since its inception, the protection of foreign property laid at the heart of public international law. Disputes between States on account of alleged violations of a nationals property rights reach back to the end of the 18th century. A significant part of the evolution of the protection of foreign property was linked to the role of contracts. At present, the similar existence of both instruments, contracts and treaties for the protection of a foreigner's investment generates the question of their relationship. This work intends to examine the impact which the investment treaty system has upon contracts between foreign investors and host States. The prime objectives are thus the determination of the jurisdictional competence of treaty-based arbitral tribunals over claims based on breach of contract and of the substantive coverage of contract-related violations by investment treaty standards.

Keywords: foreign property; investment treaty system; public international law; property rights



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