Lekkas, S.-I. orcid.org/0000-0003-1744-9958 (2024) 5 - Uses of the work of International Law Commission on state responsibility in international investment arbitration. In: Merkouris, P., Kulick, A., Álvarez-Zarate, J.-M. and Żenkiewicz, M., (eds.) Custom and its Interpretation in International Investment Law. Cambridge University Press , pp. 93-122. ISBN 9781009255462
Abstract
The Articles on State Responsibility for Internationally Wrongful Acts (‘ARSIWA’) constitute an experiment in international law-making. Unlike other successful projects of the International Law Commission (‘ILC’), such as its work on the law of treaties and diplomatic and consular relations, the ARSIWA have not yet led to the adoption of a multilateral treaty. Yet, their text is cited commonly as the authoritative statement of the law on state responsibility with investment tribunals being by far their most frequent users. This well-recorded paradox calls for a reflection on the ways in which investment tribunals make use of the ARSIWA. This chapter examines the methods which investment tribunals explicitly or implicitly employ when using the ARSIWA in order to determine the content of rules of general international law on state responsibility. The chapter then proceeds to critically assess these findings from two perspectives: the overarching aims of the law of state responsibility and the doctrine of sources of international law. The chapter synthesises these empirical and doctrinal insights into a proposal for a common framework for the use of ARSIWA.
Metadata
Item Type: | Book Section |
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Authors/Creators: |
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Editors: |
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Copyright, Publisher and Additional Information: | © 2024 Cambridge University Press & Assessment. This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0 (https://creativecommons.org/licenses/by-nc-nd/4.0/) |
Keywords: | Customary International Law (CIL); International Investment Law (IIL); International Law Commission (ILC); State Responsibility; Interpretation |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 14 Feb 2024 14:44 |
Last Modified: | 14 Feb 2024 14:44 |
Status: | Published |
Publisher: | Cambridge University Press |
Refereed: | Yes |
Identification Number: | 10.1017/9781009255462.008 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:209114 |