Necessity in Investor-State Arbitration : The Sempra Annulment Decision

Available at EJIL: Talk! (Blog of the European Journal of International Law)This is a short comment piece looking at the Annulment Committee's approach to interpretation. In particular it looks at how the interpretive tools of public international law are applied between the customary based norm of necessity and the necessity defence available under the Argentina-US bilateral investment treaty. It concludes that there is a severe lack of methodological vigour in the Committee's approach