"INTERNATIONAL LAW, DOMESTIC LAW AND CONTRACTS: ARTICULATING DIFFERENT SETS OF RELEVANT RULES" [2020] ELECD 449; in de Nanteuil, Arnaud (ed), "International Investment Law" (Edward Elgar Publishing, 2020) 114

Book Title: International Investment Law

Editor(s): de Nanteuil, Arnaud

Publisher: Edward Elgar Publishing

Section: Chapter 4

Section Title: INTERNATIONAL LAW, DOMESTIC LAW AND CONTRACTS: ARTICULATING DIFFERENT SETS OF RELEVANT RULES

Number of pages: 20

Abstract/Description:

This chapter explores the relationship between the different sets of rules that may be relevant in an investment relationship, namely: domestic law; international law; and contracts. All the three of them indeed provide rules that are applicable in an investor-State relationship but questions are quite different in nature and in scope: the relationship between international and domestic law indeed raises the question of their respective role and articulation. The contract issue rather raises the issue of the relationship between the contract and a treaty, if any. Hence, the central and complex issue of relation between treaty and contract claim is explored here.