GOVERNING THROUGH CUSTOMARY INTERNATIONAL LAW

Abstract

"This article analyzes how the international law on foreign investment can bring radical changes in the positivist paradigm which has prevailed so far regarding the formation of customary international law. These changes are of particular importance not only from a theoretical perspective, but they also become more relevant when the international law on foreign investment is considered as a structure of global governance which has deep repercussions over the administrative practices of states and the way they choose how to regulate their relations with their citizens. Therefore the article aims to make an assessment on the legitimacy problems inherent in the paradigm¿s change of the formation of customary international law and the correlative legitimacy problems that arise on the domestic administrative practices sphere."