KADS 2005 - Public international law issues in international litigation
This part of the intensive course aims at highlighting issues of public international law that regularly arise in investment arbitration.
It will thereby deepen the participants' knowledge of international investment law and focus on specific issues that have arisen in the practice of investment tribunals when applying the standard substantive protections contained in bilateral and multilateral investment agreements.
It will survey among others how tribunals have dealt with determining whether states have engaged in expropriatory acts, how they have attributed acts and omissions to host states, how they have identified violations of fair and equitable treatment by recourse to principles of public international law, etc. The growing case-law of international investment tribunals will serve as background to this analysis.