The Formation and Identification of Rules of Customary International Law in International Investment Law...

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Patrick Dumberry (University of Ottawa)

The Formation and Identification of Rules of Customary International Law in International Investment Law

Patrick Dumberry (University of Ottawa)

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English

Cambridge University Press
13 December 2018

Customary law; Investment treaties & disputes; Arbitration, mediation & alternative dispute resolution

Series: Cambridge Studies in International and Comparative Law

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 investment arbitration.

By: Patrick Dumberry (University of Ottawa)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Volume: 119
Dimensions: Height: 230mm, Width: 150mm, Spine: 25mm
Weight: 740g
ISBN: 9781316503072
ISBN 10: 1316503070
Series: Cambridge Studies in International and Comparative Law
Pages: 533
Publication Date: 13 December 2018
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

Introduction; 1. The concept of customary international law; 2. Dancing with the sources: the fascinating story of the relative importance of custom and treaties at different times in the evolution of international investment law; 3. State practice; 4. Opinio juris; 5. The fundamental importance of customary rules in international investment law; General conclusion.

Patrick Dumberry is an Associate Professor at the Faculty of Law (Civil Law Section), University of Ottawa. From 1998 to 2009, he practiced international law and investor-state arbitration at law firms in Geneva (Lenz and Staehelin, and Lalive) and Montreal (Norton Rose Fulbright), as well as at Canada's Ministry of Foreign Affairs and International Trade (Trade Law Bureau). He completed his Ph.D. in international law at the Graduate Institute of International Studies in Geneva, Switzerland, in 2006. He is the author of more than fifty publications in the fields of international investment law and international law, including State Succession to International Responsibility (2007) and The Fair and Equitable Treatment Standard: A Guide to NAFTA Case Law on Article 1105 (2013).

Reviews for The Formation and Identification of Rules of Customary International Law in International Investment Law

'The book is a useful guide to a persistently difficult area of law and will be useful for practitioners, academics, and others interested both in the interaction between BITs and customary international law and the role of customary international law in international investment law.' Fabien Gelinas and Lucas Clover Alcolea, Transnational Dispute Management 'The book is a useful guide to a persistently difficult area of law and will be useful for practitioners, academics, and others interested both in the interaction between BITs and customary international law and the role of customary international law in international investment law.' Fabien Gelinas and Lucas Clover Alcolea, Transnational Dispute Management