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justification for the enrichment and no other remedy available to the injured party to seek compensation from the party enriched. 2 And indeed, a comparative analysis of domestic legal systems supports the idea of unjust enrichment as an example of a general principle of law. 3 The concept of unjust

In: General Principles of Law and International Investment Arbitration

protection of legitimate expectations (‘ LE s’) in international investment law (‘ IIL ’) offered in case law and doctrine, while focusing primarily on LE s as a general principle of law. Next, a comparative overview of national conceptions of LE s as well as international law conceptions in other than the

In: General Principles of Law and International Investment Arbitration
Author: Ori Pomson

law which would bar a claim by an investor.’ 5 Professor Dumberry argues in his article that there are strong arguments for considering the clean hands doctrine a general principle of law. 6 In addition to scholarly writings, 7 Professor Dumberry refers to international jurisprudence to support

In: The Journal of World Investment & Trade

making the investment. This is the reason why the Tribunal had to examine the other question of the status of the clean hands doctrine as a general principle of law. The article will assess the soundness of the Tribunal’s finding that the doctrine should not be considered as a general principle of law

In: The Journal of World Investment & Trade

conclusion reached by the recent South American Silver Limited award that the doctrine is not a general principle of law (GPL). 9 This article is structured as follows. I will first briefly examine the scope of the doctrine of clean hands and its controversial application in general international law

In: The Journal of World Investment & Trade

judges in other courts. While applying the proportionality analysis in investment disputes constitutes judicial law-making and recourse to a general principle of law, it is generally accepted that as such it is sufficiently legitimised by case law and general practice. 155 Tribunals also increasingly

In: The Journal of World Investment & Trade
In: The Function of Proportionality Analysis in European Law
In: Sustainable Development as a Principle of International Law
Author: Maria Xiouri

customary international law by examination of relevant State practice combined with opinio juris - an examination which had not been so far undertaken in the literature- (Subsection 4.1); and whether the exceptio is a general principle of law (Subsection 4.2). International jurisprudence and teachings of

In: International Community Law Review