ABSTRACT

The chapter examines important question 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? It has to be acknowledged that the main purpose of EDAs lies in the economic development of the host State. International Development Law (IDL), being responsive to this need of developing countries, can most effectively serve this purpose. The sole application of international law to an EDA is not practicable because of the absence of detailed rules relevant to complex commercial and contract matters in the corpus of international law. There can be many matters where the solutions may require renvoi to the law of the contracting State where the performance of the contract takes place, even if international law is the only designated applicable law.