Applicable law
Article from: TDM 5 (2005), in Investor-State Disputes - International Investment Law
Introduction
This chapter falls into three parts. As a point of departure, traditional positions relating to applicable law in, respectively, inter-state disputes and disputes between states and foreign investors are contrasted (Section I). Against this background, different approaches to internationalising the law on foreign investments applicable in disputes involving private investors are considered (Section II), the result being a list of basic principles (Section III). Finally, observations relating to bilateral investment treaties and other specific applications in treaty form are added ...