Principles of international law of investments, recognition and trajectory

Author:Cristina Elena Popa (Tache)
Position:Associate scientific researcher of the Legal Research Institute of the Romanian Academy
Pages:153-163
SUMMARY

The international law of foreign investments is in a process of permanent emerging, whose structure appears as a complex and unitary multitude of interactions between the branches of law and its evolution is inspired by sociology, philosophy, politics and economy. These principles are guiding precepts and guidance aimed at drawing up and application of legal norms on international investments and ... (see full summary)

 
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Principles of international law of investments,
recognition and trajectory
1
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 .

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