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7 - Applicable Law

Published online by Cambridge University Press:  07 September 2020

Gabriel Bottini
Affiliation:
Uría Menéndez
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Summary

Chapter 7 discusses the law applicable to shareholder treaty claims. It argues in favour of an integrated approach to the applicable law, that is, one that gives proper weight not only to the applicable IIA provisions but also to general international law and national law. The reason for this is, first, that IIA provisions, including applicable law clauses, commonly require the application of the three sources of law. Second, overlaps between international and national law claims call for consideration and application of this latter legal system. And third, admissibility determinations are not focussed on the scope of treaty provisions containing consent to international jurisdiction but on the content of specific claims (thus often involving substantive aspects).

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Publisher: Cambridge University Press
Print publication year: 2020

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  • Applicable Law
  • Gabriel Bottini
  • Book: Admissibility of Shareholder Claims under Investment Treaties
  • Online publication: 07 September 2020
  • Chapter DOI: https://doi.org/10.1017/9781108658522.007
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  • Applicable Law
  • Gabriel Bottini
  • Book: Admissibility of Shareholder Claims under Investment Treaties
  • Online publication: 07 September 2020
  • Chapter DOI: https://doi.org/10.1017/9781108658522.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Applicable Law
  • Gabriel Bottini
  • Book: Admissibility of Shareholder Claims under Investment Treaties
  • Online publication: 07 September 2020
  • Chapter DOI: https://doi.org/10.1017/9781108658522.007
Available formats
×