Contents
Table of International Treaties, Documents, and National Legislation
Part IIdentifying Custom in International Investment Law
1The ‘Minimum Standard of Treatment’ in International Investment Law: The Fascinating Story of the Emergence, Decline and Recent Resurrection of a Concept
2Recourse to Legal Experts for the Establishment and Interpretation of Customary Norms in Investment Law
3The Identification of Customary International Law and International Investment Law and Arbitration: State Practice in Connection with Investor-State Proceedings
4Assessing Damages in Customary International Law: The Chorzów’s Tale
Part IIThe Interpretation of Secondary Rules in International Investment Law
5Uses of the Work of International Law Commission on State Responsibility in International Investment Arbitration
6Revisiting the Availability of Countermeasures in Investment Arbitration
7Investment Tribunals, the Duty of Compensation in Cases of Necessity: A Customary Law Void?
8A Riddle Wrapped in a Mystery Inside an Enigma: Equitable Considerations in the Assessment of Damages by Investment Tribunals
9Conflict of Treaty Norms and Subsequent Agreements in Relation to the Interpretation of Treaties in International Investment Law
Part IIIInterpreting Customary International Rules: Current Challenges
10Police Powers in a Pandemic: Investment Treaty Interpretation and the Customary Presumption of Reasonable Regulation
11 Bilateral Investment Treaties, Investor Obligations and Customary International Environmental Law
12The Role of Customary International Law in International Investment Law Remedies: The Curious Case of Natural Resources
13A TWAIL Engagement with Customary International Investment Law: Some Strategies for Interpretation
Part IVConcluding Thoughts: Custom and Its Interpretation in International Investment Law