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A Nascent Common Law

The Process of Decisionmaking in International Legal Disputes between States and Foreign Investors


Frédéric Gilles Sourgens

In A Nascent Common Law: The Process of Decisionmaking in International Legal Disputes Between States and Foreign Investors Frédéric Gilles Sourgens submits that investor-state dispute resolution relies upon an inductive, common law decisionmaking process, which reveals a necessary plurality of first principles within investor-state dispute resolution. Relying upon, amongst others, Wittgenstein's Philosophical Investigations, the book explains how this plurality of first principles does not devolve into arbitrary indeterminacy.

A Nascent Common Law provides an alternative account to current theoretical conceptions of investor-state arbitration. It explains that these theories cannot adequately resolve a key empirical challenge: tribunals frequently reach facially inconsistent results on similar questions of law. Sourgens makes an inductive approach, focused on the manner of decisionmaking by tribunals in the context of specific records that can explain this inconsistency.


Peter Quayle and Xuan Gao

The lawful and effective resolution of disputes is of central concern for all international organizations as both proponents of, and institutions sustained by, the rule of law. Thus, the effectiveness of multilateral institutions is directly aligned with the efficient interaction and reconciliation


Marie-Anne Birken and Kim O’Sullivan

and unit, or delimitation of its borders, or sovereignty. 1 uncitral , Model Law on Commercial Conciliation with Guide to Enactment and Use 2002, art. 1(3); the Oxford English Dictionary defines ‘Mediate’ as ‘Intervene in a dispute in order to bring about an agreement or reconciliation’, English


Georg Nolte

? ’ ( 2018 ) 15 International Organization Law Review 1 . Reinisch A (ed), The Privileges and Immunities of International Organizations in Domestic Courts ( OUP 2013 ). Roberts A E , ‘ Traditional and Modern Approaches to Customary International Law: A Reconciliation ’ ( 2001 ) 95 American Journal of

Patrick Dumberry

, A.E. Roberts, ‘Traditional and Modern Approaches to Customary International Law: A Reconciliation’, (2001) 95 ajil , 758, notably described this approach as one ‘focus[ing] primarily on state practice in the form of interstate interaction and acquiescence’, with opinio juris being ‘a secondary