The Analysis of the Legitimacy of the Use of Precedents in International Investment Arbitration
The dispute over the legitimacy of the use of precedents by international investment arbitration tribunals arises from the fundamental tension between the positivist premise of traditional sources of international law and the practical requirements of international investment dispute settlement.The widespread practice of using precedents by international investment arbitration tribunals has created an informal dialogue between highly decentralized and ad hoc arbitral tribunals.When a series of reasonably consistent rulings gradually accumulate,and their explanations of how to interpret treaty provisions and international customary rules are persuasive,precedents acquire a collective normative weight.Regardless of the dogma of traditional doctrine,this collective discourse has its own legitimacy and constitutes a unique normative resource applicable to international investment dispute settlement,which is conducive to stabilizing the legitimacy of the international investment arbitration mechanism and coordinating the contradictions and conflicts between the use of prior decisions in international investment arbitration and traditional doctrine of the sources of international law.
International investment arbitrationPrecedentsLegitimacy
万方数据
维普
