International Investment Law and General International Law

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

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
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