Yabancı Yatırımcı ve Ev Sahibi Devlet Arasında İmzalanan Yatırım Sözleşmelerine Uygulanacak Hukuk

Anahtar kelimeler: yatırım sözleşmeleri, yatırım uyuşmazlıkları, ICSID, uygulanacak hukuk, uluslararasılaştırma

Abstract…

The existence of an international contract raises the question as to which law is the governing law of such international contract. In the field of contract law, party autonomy constitutes a determining factor in the designation of such applicable law. If the parties have agreed on a law applicable to their contractual relationship, the rule is that such law will be applied. The same is true with respect to investment contracts. However the close link between the subject matter of investments and the sovereign power of states has rendered the role of party autonomy in relation to investment contracts a matter of debate. …

In the absence of any choice of law by the parties, the generally accepted rule is the application of the law that is most closely connected with the contract in question. While pursuant to the traditional view investment contracts are most closely connected with the law of the host state, the “internationalisation” movement has led investment contracts to assume a different dimension, leading to the joint application of the law of the host state and the rules of international law. …

Keywords: investment contracts, investment disputes, ICSID, applicable law, internationalisation…