Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction.
It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law.
The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.
Tarcisio Gazzini, BA (Padova), LLM (Nottingham), PhD (Padova) is Associate Professor at the VU University Amsterdam. He has previously taught at the Universities of Padua and Glasgow. He is a member of the International Law Commission Committee on non-state actors and of the Editorial Board of the Leiden Journal of International Law.
Eric De Brabandere, Lic. Jur.(Ghent), LLM (Geneva), Phd (Ghent), is Senior Lecturer in International Law and International Dispute Settlement at Leiden University. He is a member of the Editorial Board of the Leiden Journal of International Law and the Revue Belge de Droit International. He received a three-year grant from the Dutch NWO to research the public/private divide in international investment disputes.
"This book illustrates the continuing evolution of international investment law, both in terms of substantive norms (and their content) but also in terms of sources and their importance...This book will serve as a benchmark which could be revisited with a comparative new snapshot in a few years’ time."
-Julien Fouret, Revue québécoise de droit international
postgraduate students (especially but not exclusively in law faculties), academics, lawyers involved in investment-related disputes (including in-house counsels), international and national civil servants, and informed public.