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The Logic of Contract in the World of Investment Treaties

Year: 2016
Type: article
Abstract: Investment treaties protect foreign investors who contract with sovereign states.It remains unclear, however, whether parties are free to contract around these treaty rules, or whether treaty provisions should be understood as mandatory terms that constrain party choice.While investment treaties clearly apply to contracts in some way, they are silent as to how these instruments ultimately interact.Moreover, arbitral jurisprudence has varied wildly on this point,
Author: Julian Arato
Institution: Brooklyn Law School
Language: English
Open Access status: green
OpenAlex ID: W2301936624
FWCI: 3.2
Cites:
Cited by: 6
Related to: 10