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5 The General Structure of Investment Treaties

From: The Law of Investment Treaties (3rd Edition)

Jeswald W. Salacuse

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 23 June 2021

International investment law — Most-favoured-nation treatment (MFN) — Fair and equitable treatment standard — Full protection and security — National treatment — Non-discrimination — Treaties, application — Treaties, entry into force

This chapter outlines the general structure of investment treaties. An investment treaty is an international agreement embodied in one or more written documents by which two or more states agree to certain legal rules to govern investments undertaken by nationals of one treaty party in the territory of another treaty party. A treaty is an instrument of international law that binds the contracting states. An investment treaty usually consists of a single document. However, the parties may use an exchange of letters or separate protocols to explain, modify, or elaborate on certain treaty provisions. The chapter then studies the ten topics that make up the basic structure of most modern investment treaties.

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