Published 25 October 2017
This seminal work by Professor Patrick Dumberry is the first in-depth study of the role of customary international law in international investment law. A Professor at the University of Ottawa, the author is a widely published expert in Public International Law, International Investment Law and Commercial Arbitration. Before his appointment at the University, he worked as a lawyer in the Trade Law Bureau of the Canadian Ministry of Foreign Affairs and Commerce, as well as at several law firms in Switzerland and Canada. He brings a welcome practical focus to his subject and provides concrete examples of how this abstruse area of law finds application in specific cases.
The work is divided into five substantive parts preceded by an introduction which outlines the scope and aim of the book, namely "...to provide guidance to those faced with a claim that a standard of protection is a rule of custom." Professor Dumberry explains that although the role of customary international law in international investment law has been overshadowed by the many thousands of Bilateral and Multilateral Investment Treaties which states have signed with each other, it still has a significant role to play both in claims not covered by the umbrella of a treaty and those that are. This is not only because customary international law will govern those claims not covered by a treaty nor simply because it may be referred to in the treaty, assist in the task of interpretation, or play a gap-filling role, but also because as International Law is binding on every state it should, as a matter of principle, be considered by all tribunals when deciding investment law cases.
Dumberry, P. (2016). The Formation and Identification of Rules of Customary International Law in International Investment Law (Cambridge Studies in International and Comparative Law). Cambridge: Cambridge University Press. doi:10.1017/CBO9781316481479