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"THE EMERGENCE OF INTERNATIONAL INVESTMENT LAW: FROM STATE CONTRACTS TO BILATERAL INVESTMENT TREATIES" [2020] ELECD 446; in de Nanteuil, Arnaud (ed), "International Investment Law" (Edward Elgar Publishing, 2020) 1

Book Title: International Investment Law

Editor(s): de Nanteuil, Arnaud

Publisher: Edward Elgar Publishing

Section: Chapter 1

Section Title: THE EMERGENCE OF INTERNATIONAL INVESTMENT LAW: FROM STATE CONTRACTS TO BILATERAL INVESTMENT TREATIES

Number of pages: 39

Abstract/Description:

This chapter explores the emergence of international investment law, by describing first the traditional rules and mechanisms that were used international law to protect foreign assets. Yet, the weaknesses of the latter have led the stakeholders to conclude ‘State contracts’ which introduced international law as the relevant set of rules applicable to the investment relationship and arbitration as the main mechanism for the settlement of disputes. Then the signature of investment treaties have definitely allowed for the emergence of a new chapter in international law: international investment law, made of substantial rules of protection for foreign investors and a right to resort to arbitration against host States.