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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, 2021. All Rights Reserved. date: 17 September 2021

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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