State Contracts in Contemporary International Law: Monist Versus Dualist Controversies

European Journal of International Law, Vol. 12, No. 2, pp. 309-328, 2001

20 Pages Posted: 13 Jan 2012

See all articles by A. F. M. Maniruzzaman

A. F. M. Maniruzzaman

University of Portsmouth - School of Law; Centre for Energy, Petroleum and Mineral Law and Policy, University of Dundee; Faculty of International Law, China University of Political Science and Law

Date Written: April 2, 2001

Abstract

The theory of internationalization of state contracts poses some of the hardest questions that relate to both public and private international law. The theory suggests that, no matter what law the parties to such a contract choose as the proper law of the contract, international law superimposes their choice and applies automatically as the overriding governing law. Thus where the law of the host state applies as the sole applicable law either by virtue of the parties' choice, the theory of internationalization triggers off not only the theoretical controversies of monism versus dualism of public international law but also the issues of party autonomy and the doctrine of the proper law of the contract in private international law. Besides theoretical interest, the matter has great practical importance in the real world of foreign investment dispute settlement. While critically examining these issues in the context of international commercial arbitration, the article looks at other relevant issues such as the authority of private international arbitral tribunals to deal with public international law remedies for breach of state contracts.

Keywords: State Contracts, Public International Law, Private International Law/Conflict of Laws, International Investment Law, International Law Remedies, International Commercial Arbitration, Investor-State Arbitration, Internationalization of Contracts, Theory of Internationalization

Suggested Citation

Maniruzzaman, A. F. M., State Contracts in Contemporary International Law: Monist Versus Dualist Controversies (April 2, 2001). European Journal of International Law, Vol. 12, No. 2, pp. 309-328, 2001. Available at SSRN: https://ssrn.com/abstract=1338001

A. F. M. Maniruzzaman (Contact Author)

University of Portsmouth - School of Law ( email )

Richmond Building
Portsmouth, Hampshire PO1 3DE
United Kingdom
+44 (0)2392844194 (Phone)

HOME PAGE: http://www.port.ac.uk/departments/academic/law/staff/title,23599,en.html

Centre for Energy, Petroleum and Mineral Law and Policy, University of Dundee ( email )

Nethergate
Dundee, Scotland DD1 4HN
United Kingdom

Faculty of International Law, China University of Political Science and Law ( email )

Beijing
China

HOME PAGE: http://www.cupl.edu.cn:81/sites/en/School_EN_new_Index.jsp

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