Principles of international law of investments, recognition and trajectory

• Author: Cristina Elena Popa
• Pages: 153-163

Principles of international law of investments,

recognition and trajectory1

PhD. Cristina Elena POPA (TACHE)2

Abstract

The interna tional law of foreign investments is in a process of permanent

emerging, whose structure appears a s a complex and unitary multitude of interactions

between the branches of law and its evolution is inspired by sociology, philosophy, po litics

and economy. These principles are guiding precepts and guidance aimed at drawing up

and application of legal n orms on international investments and can be formulated in the

text of the Treaties and other regulations in this field. These are the support of the stability

of the international law of investments, correcting the discrepancies, ex cesses and

anomalies that are naturally identified at a ce rtain moment in the interpretation and

application of this new field of la w. The existence of the general principles has a promine nt

role in the transition periods of law and in th e hierarchy, the harmonization and the

compatibility of different legal systems.

Keywords: foreign investments, protection, treatment and guarantee, principles.

JEL Classification: K22, K33

1. Introductory considerations

Similar to public international law, the international law of investments

does not have a hierarchy of principles, but rather an interdependence of the said

principles. These principles are subject to permanent renovation and innovation, as

they are under permanent change, however without being affected by instability,

but only by continuous evolution and transformation.

The principles mentioned above include and must also include with regard

to the reconciliation of principles, the fundamental principles of international law, a

theory that relies on the eclecticism of the principles of the international law of

investments; a familiar circumstance is the case when, for example, even if the

treaties on investments are executed between states, they include rights and

1 This paper is written during the sustainability stage of th e project entitled „Horizon 2020 - Doctoral

and Postdoctoral Studies: Promoting the National Interest through Excellence, Competitiveness

and Responsibility in the Field of Romanian Fundamental and Applied Scientific Research”,

contract number POSDRU/159/1.5/S/140106. This project is co-financed by European Social Fund

through Sectoral Operational Programme for Human Resources Development 2007-2013. Investing

in people!

2 Cristina Elena Popa (Tache) - associate scientific researcher of the Legal Research Institute of the

Romanian Academy, associate of the Chartered Institute of Arbitrators, arbitrator and mediator with

Vienna International Arbitral Centre and a member of Arbitral Women;

cristinapopatache@gmail.com .