Investor Presentaiton
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specific Decisions adopted by the Andean Community and
issues that arise under the law of the WTO. In particular the
dispute is related to the rights and obligations of the parties
under the Treaty and international law."
"149
Domestic law and international law. The tribunal in AAPL v.
150
Sri Lanka pointed to the provisions of the 1980 Sri Lanka-UK
BIT (which did not have an applicable-law clause) as being the
"primary source of the applicable legal rules" and lex specialis,
while the relevant international and domestic rules served "as a
supplementary source". The tribunal further found that the BIT
was not a
151
"self-contained closed legal system limited to provide for
substantive material rules of direct applicability, but it ha[d]
to be envisaged within a wider juridical context in which rules
from other sources [were] integrated through implied
incorporation methods, or by direct reference to certain
supplementary rules, whether of international law character
or of domestic law nature". 152
An early award rendered in Goetz v. Burundi offered another
solution for combining different sources of law. 153 The tribunal
grouped the four categories of applicable law 154 into two: Burundian
149 Occidental Exploration and Production Company v. The Republic of
Ecuador, LCIA Case No. UN3467, Final Award, 1 July 2004, para. 93.
150 Asian Agricultural Products Ltd. v. Sri Lanka, ICSID Case No.
ARB/87/3, Final Award, 27 June 1990.
151 Ibid., paras. 20, 24.
152
Ibid., para. 21.
153 Antoine Goetz et al. v. Republic of Burundi, ICSID Case No. ARB/95/3,
Award (Embodying the Parties' Settlement Agreement), 10 February 1999.
154 The BIT between the Belgium/Luxembourg Economic Union and
Burundi stated in Article 8.5 that the law applicable to the dispute was:
National law of the host state, including the conflict of law rules;
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