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The Impact of International Foreign Investment Rules on Domestic Law

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Chapter Summary

Foreign investment law has experienced an enormous growth in the number of rules which govern the relationship between host States and foreign investors. Domestic administrative regulations are evaluated by international judicial bodies in accordance with international standards that have been established in treaties and customary law. This chapter explains the way in which the system of international protection of investments works will be examined and how the public dimension of domestic regulations taken by the State is not duly considered by arbitral tribunals. International foreign investment law is made up mainly of an extensive network of bilateral investment treaties (BITs). The chapter describes the principal characteristics and provisions of investment agreements. The dispute settlement mechanisms between investors and States are examined. The chapter further analyzes how this protection regime has had an impact on the public law of States. It concludes with a discussion on private law model of adjudication.

Keywords:adjudication; bilateral investment treaties (BITs); domestic law; global administrative law; international economic constitution; international foreign investment



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