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"SUBSTANTIVE PROTECTION (1): PRELIMINARY ISSUES" [2020] ELECD 452; in de Nanteuil, Arnaud (ed), "International Investment Law" (Edward Elgar Publishing, 2020) 249

Book Title: International Investment Law

Editor(s): de Nanteuil, Arnaud

Publisher: Edward Elgar Publishing

Section: Chapter 7

Section Title: SUBSTANTIVE PROTECTION (1): PRELIMINARY ISSUES

Number of pages: 7

Abstract/Description:

This chapter addresses the question of the exact scope of investment treaty protection provisions. The main issue is whether this protection applies once the investment has been admitted on the territory of the State or if it may apply before this admission. The vast majority of treaties apply after the admission, thus leaving the State complete freedom in determining the conditions under which foreign investment may enter their territory.