Full Description
This book questions whether investment law influences the wider field of general international law, and more specifically, whether approaches adopted by tribunals in investment arbitrations have radiated, or should radiate, into other fields of international law.
To answer this question, the book engages in a detailed analysis of pronouncements by investment tribunals on state responsibility, the law of treaties, and general principles of dispute resolution, and evaluates their impact beyond the narrow field of investment law. The perspectives provided in the book highlight how rules of general international law are concretised, specified, and at times moulded in investment arbitration practice. By doing so, the book enhances our understanding of the relationship between general international law and one its most dynamic sub-disciplines.
Combining conceptual and practical perspectives, and offering a detailed analysis of the pertinent case law, the book is a plea for a fuller engagement directed at both general international lawyers and international investment lawyers. It will help investment lawyers better understand the role of general international law in their field of practice. General international lawyers will benefit from paying close attention to how investment lawyers apply and interpret rules of general international law.
Contents
Contents:
Preface and acknowledgments x
PART I OVERARCHING PERSPECTIVES
1 Radiating effects: The gentle impact of international
investment law on general international law 2
Christian J. Tams, Stephan W. Schill and Rainer Hofmann
2 The development of international law by ICSID tribunals 31
Christoph Schreuer
3 Sources of international investment law: Sonderweg or
lodestar in international dispute settlement? 47
Stephan W. Schill
PART II INVESTMENT LAW AND THE GENERAL
LAW OF TREATIES
4 Questions of treaty interpretation 80
Berta Boknik and Tarcisio Gazzini
5 The temporal scope of application of investment treaties
and the effects on general international law 107
Christina Binder and Jane A. Hofbauer
6 Ways out of the marshland: International investment law
and the law of state succession 150
Christian J. Tams
PART III INVESTMENT LAW AND THE LAW OF
INTERNATIONAL RESPONSIBILITY
7 Investment arbitration as an engine of development of the
rules of attribution - with particular focus on lex specialis
and de facto state organs 181
Stephan Wittich
8 The impact of investment arbitration in the development
of state responsibility defences 209
Federica I. Paddeu
9 Remedies for wrongful conduct: Lessons from investment
arbitration 246
Dirk Pulkowski
PART IV INVESTMENT LAW AND THE GENERAL
REGIME OF DISPUTE RESOLUTION
10 Investment arbitration as incubator of evidentiary
principles in international and transnational law 280
Frédéric Gilles Sourgens
11 On the contribution of investment arbitration to issues of
evidence and procedure before other international courts
and tribunals 343
James G. Devaney
12 Review and enforcement of arbitral awards in
international investment law and general public international law 368
Michail Risvas
Index 393
