上海对外经贸大学法学院国际投资法英文课件 sources of international inv
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Sources of International Investment Law
Legal system of
international investment law
Domestic legal system on international investment
1、host state: regulation and protection
2. Convention on Establishing the Multilateral
Investment Guarantee Agency (1985 Seoul convention)
3. TRIMs、GATS、TRIPs
Endeavors: 1990s MAI
4
Dissusion
Multilateral rules on investment within the framework of WTO. In your opinion, is it possible to constitute a comprehensive investment code within the framework of WTO?
6
Source of international law on international investment: custom
a few custom: opinion juris One case: when property is taken over
by a state, there must be payment of compensation, though there is still no agreement on the calculation of compensation. UN General Assembly Resolution: Instant customary international law?
c. the general principles of law recognized by civilized nations;
d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.
2、home state: protection, regulation and encouragement
International law on international investment
1、convention
2、custom
3、general principles of law
4、judicial decisions
@multilateral treaties
1. Convention on the Settlement of Investment Disputes between States and Nationals of Other States ( 1965 Washington Convention)
If yes, how? If not, Why?
5
wenku.baidu.com
Source of international law on international investment: Bilateral treaty
exceed 2600 and still expand similar in structure, but vary as to detail, so not capable
2
Statute of ICJ, Art.38
The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:
3
Source of international law on international investment: general convention
Treaties: there is no comprehensive
multilateral code of law on foreign investment
of giving rise to customary international law At first, to promote national treatment and protection for
overseas investors in early 1980s; Then, addressing both protection and access to each other’s market, elimination of screening and performance requirement While contributed to the scale of investment flows, BITs on the whole has undermined the discretion of the host states in investment matters, particularly in administrative matters and in the pursuit of national economic policies.
a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
b. international custom, as evidence of a general practice accepted as law;
Legal system of
international investment law
Domestic legal system on international investment
1、host state: regulation and protection
2. Convention on Establishing the Multilateral
Investment Guarantee Agency (1985 Seoul convention)
3. TRIMs、GATS、TRIPs
Endeavors: 1990s MAI
4
Dissusion
Multilateral rules on investment within the framework of WTO. In your opinion, is it possible to constitute a comprehensive investment code within the framework of WTO?
6
Source of international law on international investment: custom
a few custom: opinion juris One case: when property is taken over
by a state, there must be payment of compensation, though there is still no agreement on the calculation of compensation. UN General Assembly Resolution: Instant customary international law?
c. the general principles of law recognized by civilized nations;
d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.
2、home state: protection, regulation and encouragement
International law on international investment
1、convention
2、custom
3、general principles of law
4、judicial decisions
@multilateral treaties
1. Convention on the Settlement of Investment Disputes between States and Nationals of Other States ( 1965 Washington Convention)
If yes, how? If not, Why?
5
wenku.baidu.com
Source of international law on international investment: Bilateral treaty
exceed 2600 and still expand similar in structure, but vary as to detail, so not capable
2
Statute of ICJ, Art.38
The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:
3
Source of international law on international investment: general convention
Treaties: there is no comprehensive
multilateral code of law on foreign investment
of giving rise to customary international law At first, to promote national treatment and protection for
overseas investors in early 1980s; Then, addressing both protection and access to each other’s market, elimination of screening and performance requirement While contributed to the scale of investment flows, BITs on the whole has undermined the discretion of the host states in investment matters, particularly in administrative matters and in the pursuit of national economic policies.
a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
b. international custom, as evidence of a general practice accepted as law;