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Applicable Law under International Investment Treaties

J Christopher Thomas QC & Harpreet Kaur Dhillon

(2014) 26 SAcLJ 975

Investment treaty tribunals have adopted different approaches to the question of determining the law applicable to the dispute before them. This article explores the reasons for such variability, examining the significance of different treaty structures and the consequences of the extent to which they refer to the law of the Contracting Parties. It considers the negotiation of Art 42(1) of the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States and how it has been applied in different cases involving different treaty structures.