Abstract

The main purpose of this article is to critically examine a cluster of important questions with regard to the application of international law to economic development agreements (EDAs) such as: What is the implication of international law when it is the designated applicable law in the choice-of-law provision? What exactly is the normative content of international law when general international law applies? What is the scope of international law in special situations? What may be the practical problems in applying international law to such kind of agreements? These questions have been with us for some time and they have given rise to great controversies among jurists. A fresh look at these questions is now ever so important in the context of recent moves towards the codification of a Multilateral Agreement on Investment under the auspices of the Organization for Economic Cooperation and Development (OECD) and the World Trade Organization (WTO).

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