International Investment Law and the Public Law Analogy: The Fallacies of the General Principles Method

(2018) 9 Journal of International Dispute Settlement 654

22 Pages Posted: 29 Aug 2019

See all articles by Daniel Peat

Daniel Peat

Leiden University - Grotius Centre for International Legal Studies

Date Written: 2018

Abstract

Over the past ten years, commentators have drawn an analogy between the international investment regime and domestic public law in order to fill gaps, resolve ambiguities, or understand the nature of the nascent investment regime. One way in which domestic public law may be relevant is if it reflects a general principle of law that is applicable by virtue of Article 31(3)(c) of the Vienna Convention on the Law of Treaties. The practice of international investment tribunals demonstrates, however, that tribunals do not use domestic law according to the ‘general principles method’. Instead, investment tribunals’ use of comparative law raises various of normative and methodological issues that have not yet been thoroughly addressed in the literature.

Suggested Citation

Peat, Daniel, International Investment Law and the Public Law Analogy: The Fallacies of the General Principles Method (2018). (2018) 9 Journal of International Dispute Settlement 654. Available at SSRN: https://ssrn.com/abstract=3444170

Daniel Peat (Contact Author)

Leiden University - Grotius Centre for International Legal Studies ( email )

Leiden University Law Faculty
P.O. Box 9520
Leiden, 2300 RA
Netherlands

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