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Circumstances Precluding Wrongfulness in International Investment Law

Paparinskis, M; (2016) Circumstances Precluding Wrongfulness in International Investment Law. ICSID Review , 31 (2) pp. 484-503. 10.1093/icsidreview/siw007. Green open access

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Abstract

The systemic role of circumstances precluding wrongfulness, both in international investment law and in international law more generally, is neither central nor, at least in the form in which they are currently expressed, likely to be of great practical importance in most cases. But circumstances precluding wrongfulness have played an important role in some international investment disputes, and provide an excellent illustration for how blackletter international law works, particularly in relation to countermeasures and necessity. If these decisions are anything to go by, future developments will be of great interest to both practitioners and academic commentators, and directly touch upon the systemic pulse of international investment law and law of State responsibility.

Type: Article
Title: Circumstances Precluding Wrongfulness in International Investment Law
Open access status: An open access version is available from UCL Discovery
DOI: 10.1093/icsidreview/siw007
Publisher version: http://dx.doi.org/10.1093/icsidreview/siw007
Language: English
Additional information: This is a pre-copyedited, author-produced PDF of an article accepted for publication in ICSID Review following peer review. The version of record, Paparinskis, M; (2016) Circumstances Precluding Wrongfulness in International Investment Law. ICSID Review, 31 (2), is available online at: http://dx.doi.org/10.1093/icsidreview/siw007
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1474658
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