Circumstances Precluding Wrongfulness in International Investment Law
(2016) 31 ICSID Review-Foreign Investment Law Journal 484 (Forthcoming)
22 Pages Posted: 4 Jun 2016
Date Written: February 15, 2016
Abstract
The systemic role of circumstances precluding wrongfulness, both in international investment law and in international law more generally, is neither central nor, at least in the form in which they are currently expressed, likely to be of great practical importance in most cases. But circumstances precluding wrongfulness have played an important role in some international investment disputes, and provide an excellent illustration for how blackletter international law works, particularly in relation to countermeasures and necessity. If these decisions are anything to go by, future developments will be of great interest to both practitioners and academic commentators, and directly touch upon the systemic pulse of international investment law and law of State responsibility.
Keywords: Circumstances precluding wrongfulness, international investment law, State responsibility
JEL Classification: K33
Suggested Citation: Suggested Citation