International Investment Law and General International Law


International Investment Law and General International Law

Radiating Effects?

9781800884052 Edward Elgar Publishing
Edited by Christian J. Tams, Professor of International Law, University of Glasgow, UK, Stephan W. Schill, Professor of International and Economic Law and Governance, University of Amsterdam, the Netherlands and Rainer Hofmann, Professor of Public Law, Public International Law and European Law, University of Frankfurt, Germany
Publication Date: 2023 ISBN: 978 1 80088 405 2 Extent: 416 pp
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.

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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.
Critical Acclaim
‘Few would deny today that general international law is pivotal in the everyday practice of investor-state dispute settlement. Matters of treaty interpretation, attribution of conduct or issues pertaining to remedies – among many others – have become the bread and butter of international investment law. This excellent volume, however, changes perspective. It assesses the actual and potential impact of international investment law practice on general international law: How does it shape, how do its investment law’s actors influence general international law? Such approach is fascinating not least because no other field of international law contributes as much to adjudicatory practice in terms of numbers of awards and decisions. The contributions in Radiating Effects intriguingly explore an understudied but rich topic, looking specifically at the law of treaties, international responsibility and dispute resolution. This book is a must-read not only for those interested in investment law and arbitration but for anybody who practices, studies or teaches international law.’
– Andreas Kulick, University of Tübingen, Germany
Contributors: Christina Binder, Berta Boknik, James G. Devaney, Tarcisio Gazzini, Jane A. Hofbauer, Rainer Hofmann, Federica I. Paddeu, Dirk Pulkowski, Michail Risvas, Stephan W. Schill, Christoph Schreuer, Frédéric Gilles Sourgens, Christian J. Tams, Stephan Wittich

Preface and acknowledgments x

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

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

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

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
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