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Le droit des investissements internationaux vu par la CIJ et le CIRDI

Abstract : To international investment law questions, the ICJ decisions are materials that must be taken into consideration. Indeed, substantive rules in international investment law and their issues are older than the ICSID creation. The legal issues had already been raised in the Court which set rules and principles covering international investment law principles. Thus, it is into the Court’s decisions that some rules relating to international investments was created. From this perspective, the ICJ cases could be seen as a legitimate forerunner for substantive rules in international investment law. In the other hand, the ICJ has a main role in the development and promotion of the rules of international litigation, some of which are of relevance in international investment law. The present work, by using the ICJ cases as guidance precedents, challenges the ICSID decisions to determine if the ICSID follows or not the rules and principles raised by the Court in international investment law. The analysis shows that if some ICSID decisions borrow the principles and rules established by the ICJ, others follow new ways in both primary and secondary rules in international investment law.
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Abédjinan M. Sandrine Tanon. Le droit des investissements internationaux vu par la CIJ et le CIRDI. Droit. Université de Bordeaux, 2016. Français. ⟨NNT : 2016BORD0450⟩. ⟨tel-02004680⟩

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