Article 1105 of the North American Free Trade Agreement (NAFTA) grants protections to foreign investors of "fair and equitable treatment and full protection and security" and is, according to the auth
This book examines the interaction between the concept of the ‘minimum standard of treatment’ under custom and the fair and equitable treatment (FET) standard found in the vast majority of BITs. It al
Rules of customary international law provide basic legal protections to foreign investors doing business abroad. These rules remain of fundamental importance today despite the growing number of investment treaties containing substantive investment protection. In this book, Patrick Dumberry provides a comprehensive analysis of the phenomenon of custom in the field of international investment law. He analyses two fundamental questions: how customary rules are created in this field and how they can be identified. The book examines the types of manifestation of state practice which should be considered as relevant evidence for the formation of customary rules, and to what extent they are different from those existing under general international law. The book also analyses the concept of states' opinio juris in investment arbitration. Offering guidance to actors called upon to apply customary rules in concrete cases, this book will be of significant importance to those involved in
This book analyses all relevant questions of State responsibility and attribution arising from the conduct of rebels and governments in the context of civil wars and rebellions aiming at the establishment of a new government or the creation of a new State. Based on a comprehensive analysis of both old and recent State practice, and case law, including investment awards, as well as the works of scholars and the International Law Commission, the book identifies ten basic rules which can be used by States and international tribunals. It explains the history, content and scope of application of the specific solutions adopted in Article 10 of the International Law Commission Articles on State responsibility to address particular problems. The book also critically revisits some of the solutions that have been put forward by tribunals and scholars, and examines a number of questions which have never been addressed by them before.
Rules of customary international law provide basic legal protections to foreign investors doing business abroad. These rules remain of fundamental importance today despite the growing number of investment treaties containing substantive investment protection. In this book, Patrick Dumberry provides a comprehensive analysis of the phenomenon of custom in the field of international investment law. He analyses two fundamental questions: how customary rules are created in this field and how they can be identified. The book examines the types of manifestation of state practice which should be considered as relevant evidence for the formation of customary rules, and to what extent they are different from those existing under general international law. The book also analyses the concept of states' opinio juris in investment arbitration. Offering guidance to actors called upon to apply customary rules in concrete cases, this book will be of significant importance to those involved in
