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Application of the rules on the responsibilities of States in International Investment Law

Publication at Faculty of Law |
2012

Abstract

The author analyzes the relationship between the general rules on state responsibility and international investment law posed in particular bilateral and multilateral treaties. When in the treaties on investment protection mostly absent special secondary (responsibility) rules as lex specialis, it is necessary to rely on general international law.

Customary rules captured in the codification articles on Responsibility of States, adopted by the International Law Commission in 2001, also have a general nature. The author has focused on selected issues from the perspective of international arbitration practice and frequently used rules in relation to the following selected issues.