Overview

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.

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9780192849922

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Reviews

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 *

Author Information

Andreas Kulick is a senior research fellow at the Eberhard Karls Universität Tübingen. He has been a visiting fellow at the Lauterpacht Centre for International Law, the European University Institute, NYU School of Law, and the WZB Berlin. His research focuses on public international law, particularly on international dispute settlement, international economic law, and general international law. He advises and represents states and other actors in various matters of public international law before international courts and tribunals. Michael Waibel is a professor of international law at the University of Vienna. His teaching and writing focuses on international law, international economic law, sovereign debt, and international dispute settlement. He is Co-General Editor of the ICSID Reports and Co-Editor-in-Chief of the Journal of International Economic Law. He previously taught at the University of Cambridge and served as Co-Deputy Director of the Lauterpacht Centre.

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