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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: 17 January 2022

The Sources of Foreign Investment Law

The Sources of Foreign Investment Law

Chapter:
(p.212) (p.213) 7 The Sources of Foreign Investment Law
Source:
The Foundations of International Investment Law
Author(s):

Florian Grisel

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199685387.003.0008

This chapter demonstrates that the traditional sources thesis for international law does not have much explanatory power for the emergence of international investment law. It first identifies the ‘formal’ sources of foreign investment law. It then analyses the material source of foreign investment law based on a concrete example drawn from the practice of investment arbitration. Specifically, the example of compound interest illustrates how the slow aggregation of investment awards constitutes the material source of foreign investment law. These precedential mechanisms may even signal the birth of a common law of foreign investment.

Keywords:   international law, investment law, domestic law, investment arbitration

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