Investment Arbitration Counsel’s Role in the Progressive Development of International Law

A primary goal of the International Law Commission’s work on the identification of customary international law is to offer “guidance to those called upon to identify the existence of a rule of customary international law,” particularly national court judges. The ILC report, however, should be no less useful to participants in international adjudication. The report’s impact might be particularly significant in investment arbitration, which, given the field’s growing importance and impact, could greatly facilitate the ILC’s principal mandate of promoting the “progressive development of international law.”Investment arbitration is proving hugely significant for the development of international law. The United Nations Conference on Trade and Development reported that, at the end of last year, there were 568 known cases brought under international investment agreements, including 57 cases brought in 2013 alone. There have been 98 different State respondents, including the United States, which reportedly is the ninth most frequent respondent State.

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SOME THESES SUBMITTED FOR ACADEMIC DEGREE AND DEFENDED IN RUSSIA IN 2016–2018 ON THE ISSUES OF PRIVATE INTERNATIONAL LAW, INTERNATIONAL COMMERCIAL AND INVESTMENT ARBITRATION AS WELL OF ADR: CRITICAL OVERVIEW OF THE FINDINGS PROPOSED FOR DEFENSE (part two)

Civil Law Review ◽

10.24031/1992-2043-2019-19-2-258-322 ◽

2019 ◽

Vol 19 (2) ◽

pp. 258-322

Author(s):

A.I. MURANOV

Keyword(s):

International Law ◽

Private International Law ◽

Academic Degree ◽

Investment Arbitration ◽

Critical Overview

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Die Stellung von Unternehmen in der Investitionsschiedsgerichtsbarkeit (unter besonderer Berücksichtigung von Korruptionsproblemen) - Unternehmen als völkerrechtlich gleichberechtigte Verfahrensparteien? (The Status of Corporations in Investment Arbitration with Special Consideration for Problems Concerning Corruption - Corporations as Equal Parties under International Law)

SSRN Electronic Journal ◽

10.2139/ssrn.3369489 ◽

2019 ◽

Author(s):

Silja Voeneky

Keyword(s):

International Law ◽

Special Consideration ◽

Investment Arbitration ◽

The Status

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On the Road to Vienna

10.1093/oso/9780198795940.003.0005 ◽

2017 ◽

Author(s):

Kai Bruns

Keyword(s):

Cold War ◽

International Law ◽

The Road ◽

Progressive Development ◽

History Of ◽

On The Road ◽

The Cold War ◽

International Law Commission ◽

Law Commission

This chapter focuses on the negotiations that preceded the 1961 Vienna Conference (which led to the conclusion of the VCDR). The author challenges the view that the successful codification was an obvious step and refers in this regard to a history of intense negotiation which spanned fifteen years. With particular reference to the International Law Commission (ILC), the chapter explores the difficult task faced by ILC members to strike a balance between the codification of existing practice and progressive development of diplomatic law. It reaches the finding that the ILC negotiations were crucial for the success of the Conference, but notes also that certain States supported a less-binding form of codification. The chapter also underlines the fact that many issues that had caused friction between the Cold War parties were settled during the preparatory meetings and remained largely untouched during the 1961 negotiations.

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The Mutuality of National and International Identities in International Sports Law

AJIL Unbound ◽

10.1017/aju.2020.72 ◽

2020 ◽

Vol 114 ◽

pp. 368-373

Author(s):

James A.R. Nafziger

Keyword(s):

International Law ◽

Global Competition ◽

Sports Law ◽

Progressive Development ◽

Olympic Movement ◽

Proper Resolution ◽

Sports Arena ◽

Paralympic Games

The network of institutions that comprise the Olympic Movement include several whose authoritative scope now extends far beyond the mere staging of the Olympic and Paralympic Games to govern some important aspects of virtually all major regional and global competition and to foster the development of a comprehensive body of international sports law. The issues include nationality, which is the focus of this essay. More broadly, the proper resolution of nationality issues in the sports arena offers a limited model for reconciling tensions between national and international interests in the progressive development of international law.

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Requirements for Amicus Curiae Participation in International Investment ArbitrationA Deconstruction of the Procedural Wall Erected in Joint ICSID Cases ARB/10/25 and ARB/10/15

The Law and Practice of International Courts and Tribunals ◽

10.1163/15718034-12341262 ◽

2013 ◽

Vol 12 (3) ◽

pp. 365-390 ◽

Cited By ~ 1

Author(s):

Christian Schliemann

Keyword(s):

International Law ◽

International Investment ◽

Recent Attempt ◽

Arbitral Tribunal ◽

Amicus Curiae ◽

Legal Rules ◽

Investment Arbitration ◽

Legal Standard ◽

Investment Law

Abstract The legal standard on amicus curiae participation in international investment arbitration has been forged by the judicial development of legal rules and, in parallel, the modification of normative sources, such as the ICSID Arbitration Rules. Current and future decisions by arbitral tribunals on the participation of amicus curiae in a given dispute must abide by this consolidated standard. In June 2012, the arbitral tribunal in Joint ICSID Cases No. ARB/10/15 and No. ARB/10/25 released a procedural order, rejecting an amicus petition. This Order contains various deviations from the applicable legal standard and severely restricts the options for amicus participation. The recent attempt to strengthen the legitimacy of international investment arbitration by allowing for greater amicus participation and the acknowledgement of the interdependence of investment law and other areas of international law is thereby put in peril.

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Part 1: The Progressive Development of International Law

The American Journal of International Law ◽

10.2307/2213997 ◽

1947 ◽

Vol 41 (S4) ◽

pp. 32-49

Keyword(s):

International Law ◽

Progressive Development

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Customary International Law

10.4337/9781788118910 ◽

2021 ◽

Author(s):

Pierre-Marie Dupuy ◽

Keyword(s):

General Practice ◽

International Law ◽

Complex Relationship ◽

Customary International Law ◽

Progressive Development ◽

The World ◽

International Law Commission ◽

Law Commission

International custom “as evidence of a general practice accepted as law”, is considered one of the two main sources of international law as it primarily derives from the conduct of sovereign States, but is also closely connected with the role of the international judge when identifying the applicable customary rule, a function it shares with the bodies in charge of its codification (and progressive development), starting with the International Law Commission. Though mainly considered to be general international law, international custom has a complex relationship with many specific fields of law and specific regions of the world. The editor provides comprehensive research published in the last seven decades, invaluable to everyone interested in the field of customary international law.

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