International Investment Law and General International Law

Edited by Christian J. Tams, Dickson Poon School of Law, King’s College London, 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

• Contents:Preface and acknowledgments xPART I OVERARCHING PERSPECTIVES1 Radiating effects: The gentle impact of internationalinvestment law on general international law 2Christian J. Tams, Stephan W. Schill and Rainer Hofmann2 The development of international law by ICSID tribunals 31Christoph Schreuer3 Sources of international investment law: Sonderweg orlodestar in international dispute settlement? 47Stephan W. SchillPART II INVESTMENT LAW AND THE GENERALLAW OF TREATIES4 Questions of treaty interpretation 80Berta Boknik and Tarcisio Gazzini5 The temporal scope of application of investment treatiesand the effects on general international law 107Christina Binder and Jane A. Hofbauer6 Ways out of the marshland: International investment lawand the law of state succession 150Christian J. TamsPART III INVESTMENT LAW AND THE LAW OFINTERNATIONAL RESPONSIBILITY7 Investment arbitration as an engine of development of therules of attribution – with particular focus on lex specialisand de facto state organs 181Stephan Wittich8 The impact of investment arbitration in the developmentof state responsibility defences 209Federica I. Paddeu9 Remedies for wrongful conduct: Lessons from investmentarbitration 246Dirk PulkowskiPART IV INVESTMENT LAW AND THE GENERALREGIME OF DISPUTE RESOLUTION10 Investment arbitration as incubator of evidentiaryprinciples in international and transnational law 280Frédéric Gilles Sourgens11 On the contribution of investment arbitration to issues ofevidence and procedure before other international courtsand tribunals 343James G. Devaney12 Review and enforcement of arbitral awards ininternational investment law and general public international law 368Michail RisvasIndex 393

‘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.’