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The Three Laws of International Investment - National, Contractual, and International Frameworks for Foreign Capital by Salacuse, Jeswald W. (1st February 2013)

Part III The Contractual Legal Framework, 8 The Nature and Functions of the Contractual Framework for Investments

From: The Three Laws of International Investment: National, Contractual, and International Frameworks for Foreign Capital

Jeswald W. Salacuse

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. date: 22 May 2019

Subject(s):
International economic law — Foreign Direct Investment — Definition of investment — Law of treaties — Consensual arrangements other than treaties
All international investment transactions are shaped by contracts. A contract under virtually all systems of law is an agreement between two or more persons that creates legally enforceable obligations. 1 An “investment contract,” for the purposes of this volume, is any contract that governs or relates to an international investment. 2 In some cases, for example a portfolio investment in shares of a publicly traded company, the related contract may be relatively simple; however, other investment transactions, such as the construction and operation of a...
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