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The Foundations of International Investment LawBringing Theory into Practice$
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Zachary Douglas, Joost Pauwelyn, and Jorge E. Viñuales

Print publication date: 2014

Print ISBN-13: 9780199685387

Published to Oxford Scholarship Online: August 2014

DOI: 10.1093/acprof:oso/9780199685387.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 06 December 2021

Sovereignty in Foreign Investment Law

Sovereignty in Foreign Investment Law

Chapter:
(p.317) 11 Sovereignty in Foreign Investment Law
Source:
The Foundations of International Investment Law
Author(s):

J.E. Vinuales

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199685387.003.0012

This chapter examines the notion of sovereignty in foreign investment law. It first sets out the idea that sovereignty is not a single legal concept but, rather, a mosaic of actionable legal concepts of varying density and legal nature that seek to express the pre-eminent position of the state as a unit of social organization. This concept is then applied to the analysis of the two actionable expressions of sovereignty frequently invoked in foreign investment disputes: the police powers doctrine and necessity/emergency clauses. Finally, the chapter presents some conclusions on proper place of sovereignty in foreign investment law, and how to achieve it through research into so far neglected areas; a better integration of customary international law; and some recalibration of available concepts in the light of the concepts used in other legal contexts.

Keywords:   international investment law, foreign investment disputes, police powers, necessity clause, emergency clause

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