The Impact of Investment Arbitration on the Development of State Responsibility Defences

Paddeu, Federica

The Impact of Investment Arbitration on the Development of State Responsibility Defences

Hofmann, Schill & Tams, ICSID at 50: Investment Arbitration as a Motor of General International Law? (Edward Elgar, 2017) (Forthcoming)

University of Cambridge Faculty of Law Research Paper No. 4/2017

29 Pages Posted: 2 Dec 2016 Last revised: 23 Sep 2020

See all articles by Federica Paddeu

Federica Paddeu

Queens' College, University of Cambridge

Date Written: January 12, 2017

Abstract

This chapter examines the impact that investment arbitration has had on the development of the defences in the law of State responsibility. In particular, it considers the impact of the practice and case-law of the 19th and early 20th centuries on the development of the plea of force majeure, currently codified in Article 23 ARS; the impact of investment arbitration since 2001 on the classification of state of necessity in Article 25 ARS as an excuse and on the (im)permissibility of countermeasures (Article 22 ARS) affecting private rights.

Keywords: State responsibility, investment law, investment arbitration, state of necessity, countermeasures, force majeure, justification, circumstances precluding wrongfulness, excuse, circumstances precluding responsibility

Suggested Citation: Suggested Citation

Paddeu, Federica, The Impact of Investment Arbitration on the Development of State Responsibility Defences (January 12, 2017). Hofmann, Schill & Tams, ICSID at 50: Investment Arbitration as a Motor of General International Law? (Edward Elgar, 2017) (Forthcoming), University of Cambridge Faculty of Law Research Paper No. 4/2017, Available at SSRN: https://ssrn.com/abstract=2865718