Overview

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.

Full Product Details

Author:   Christian J. Tams ,  Stephan W. Schill ,  Rainer Hofmann
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781800884052

ISBN 10:   1800884052
Pages:   416
Publication Date:   24 January 2023
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of 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 Frederic 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

Reviews

'This book offers a unique comparative contribution to the incredibly important but insufficiently investigated intersections between investment law and constitutional law. As legal systems in Europe and elsewhere grapple with these common problems at both doctrinal and systemic levels, this volume is essential reading for judges, arbitrators, lawyers and policymakers.'--Peter B. Rutledge, University of Georgia School of Law, US

'This book offers a unique comparative contribution to the incredibly important but insufficiently investigated intersections between investment law and constitutional law. As legal systems in Europe and elsewhere grapple with these common problems at both doctrinal and systemic levels, this volume is essential reading for judges, arbitrators, lawyers and policymakers.' -- Peter B. Rutledge, University of Georgia School of Law, US

Author Information

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

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