Emerging international law rules governing exchange controls as to foreign investments (transfer of funds)

Abstract

Section I of Chapter I adduces the reasons for the selection of the problem examined in this thesis. It was felt that although a formidable volume of literature on the protection of private foreign investments now exists, little attempt has been made to deduce the emerging rules of customary international law from the actual practice of Stats . It is well-recognized that Stats can by their practice give rise to rules of customary international law. Th problem of whether foreign investors have a right to repatriate the invested capital and profits accruing therefrom was selected for this study . It is pointed out that an analysis of municipal laws and/ or administrative practices of States, of bilateral treaties concluded for the protection of private investments, regional, and other multilateral treaties regulating foreign exchange controls, might yield the emerging rules of international law .