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

Paparinskis, Martins, Circumstances Precluding Wrongfulness in International Investment Law (February 15, 2016). (2016) 31 ICSID Review-Foreign Investment Law Journal 484 (Forthcoming) , Available at SSRN: https://ssrn.com/abstract=2789597

Martins Paparinskis (Contact Author)

University College London ( email )

Bentham House
4-8 Endsleigh Gardens
London, WC1E OEG
United Kingdom

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