General International Law in International Investment Law
A Commentary
Michael Waibel editor Andreas Kulick editor
Format:Hardback
Publisher:Oxford University Press
Published:22nd Feb '24
Currently unavailable, and unfortunately no date known when it will be back
General international law is part and parcel of investor-state arbitration. This is the case not only regarding treaty law and state responsibility, but also with respect to matters such as state succession, the international minimum standard, and state immunity, all of which feature regularly in investor-state arbitration. Yet, although general international law issues arise in almost every investment case and often require extensive research, no systematic exploration of the relationship between the two exists. This Commentary is the first to fill this gap, providing a comprehensive treatment of the role of general international law in international investment law. It engages in detail with central matters of general international law, including in the practice of investment arbitration tribunals, moving beyond existing works which focus solely on procedural and institutional provisions. The Commentary's forty-six chapters do not focus on a single source or subject. Instead, each concentrates on a specific, relevant article from a particular source of public law - such as the Vienna Convention on the Law of Treaties (1969) or the International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts (2001), among others. The entries combine detailed analysis with an examination of procedural and substantive aspects - such as nationality and unjust enrichment - and respond to the following questions: how have investment tribunals interpreted and applied the specific rule of general international law? To what extent and why does such interpretation and application align with or deviate from the practice by other international courts or tribunals? How could and should investment tribunals interpret and apply rules that have yet to feature in investment arbitration? This unique format means this commentary will serve as a central guide for all relevant case law and scholarship on international investment law.
This tremendously valuable resource is obligatory reading for all those who study and work in investment law and arbitration. With outstanding analyses from leading public international law scholars and practitioners, its place in the pantheon of indispensable reference works is assured. * Andrea K. Bjorklund, L. Yves Fortier Chair in International Arbitration and International Commercial Law, McGill University *
This Commentary on General International Law in International Investment Law co-edited by Andreas Kulick and Michael Waibel is a welcome and precious sum of around 800 pages on the rules of general international law which have been adopted in the international sub-system of investment law. Topics like the law of treaties and its interpretation, attribution of conduct, responsibility of states, state succession, and so on are central and have been developed in 47 entries by a brilliant team of authors from both practice and academia. I am convinced that it will be a reference tool for practitioners, scholars, students and above all arbitrators. * Brigitte Stern, Emeritus Professor of Public International Law and International Arbitrator *
Investor-state 'caselaw' is relevant to the encyclopedic menu regularly covered in public international law courses - from the law of treaties to responsibility or the international minimum standard. Thanks to Andreas Kulick and Michael Waibel we now have an exhaustive Commentary proving this beyond all doubt. This tour de force systematically analyses how much that caselaw aligns with, deviates from, or generates changes in public international law. It exhaustively and persuasively demonstrates that the 'common grammar' of public international law underpins the deep structure of investment law. It enriches through ample concrete examples - equally useful to practitioners and academics - what general public international law means. * José E. Alvarez, Herbert and Rose Rubin Professor of International Law, New York University School of Law *
ISBN: 9780192849922
Dimensions: 254mm x 178mm x 43mm
Weight: 1466g
736 pages