ABSTRACT
The sources of investment law extend far beyond domestic law regulations establishing the conditions under which investments can be made. Investment law is determined by numerous branches of government creating and enforcing a wide range of policies and rules that are shaped by the interaction of multiple domestic non-state actors, institutions, and processes. A key source of investment law is the framework of international rules relating to investment. This chapter begins with an introduction to the international legal system followed by a discussion of the sources of international investment law. Next, the chapter describes the nature of domestic legal systems and the sources of domestic law relevant to foreign investment activities. With this background, the chapter investigates the complex relationship between international and domestic law. In doing so, it undertakes a theoretical enquiry into the nature of the ‘sources’ of law, arguing that understanding investment law and assessing its legitimacy requires attention to the political processes through which it is developed.
