Chapter 6 Jurisdiction ratione temporis in International Investment Arbitration

In: General Principles of Law and International Investment Arbitration
Author: Andrea Gattini

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Issues concerning the temporal scope of jurisdiction of international investment arbitration tribunals are attracting an increased attention due to recent events such as the denunciation of the ICSID Convention by some states, or of the BITs from which the Tribunals draw their jurisdiction, or from the provisional application of other treaties concerning investment protection. The solutions offered by most arbitral tribunals are in line with international customary rules of the law of treaties, a point which deserves attention as a further proof of the cohesiveness of international investment law with public international law.

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