Challenging the classic narrative that sovereign states make the law that constrains them,
this book argues that treaties and other sources of international law form only the starting …

Court judgments are epitomes of sovereign rule in many grand theoretical sketches. How
may such judicial power be justified nowadays? Many domestic courts decide in the name of …

The Costs of Consistency: Precedent in Investment Treaty Arbitration Page 1 The Costs of
Consistency: Precedent in Investment Treaty Arbitration IRENE M. TEN CATE* This Article …

Jurisprudence has up until recently largely neglected international law as a subject of
philosophizing. The Nature of International Law tries to offset against this deficiency by …

In the global backdrop of backlash against bilateral investment treaties (BITs) and the
investor-state dispute settlement (ISDS), this paper critically studies India's new Model BIT …

In recent years foreign investors have used a rapidly expanding network of bilateral and
multilateral investment treaties to directly sue states before international tribunals for …

This contribution presents international judicial institutions as multifunctional actors against
the background of a traditional understanding, which sees just one function: settling …

I. INTERNATIONAL INVESTMENT LAW: FROM GOOD GOVERNANCE FOR FOREIGN
INVESTORS TO GOOD GOVERNANCE FOR ALL CONTEMPORARY INTERNATIONAL …

The state-centred'Westphalian model'of international law has failed to protect human rights
and other international public goods effectively. Most international trade, financial and …

The main task of international courts usually lies with applying the law to questions and facts
in accordance with the standards of the legal profession. The view persists that …