The paper analyzes systematic patterns of investment treaty rule-making using a large sample of bilateral investment treaties (BITs). Focusing on national treatment and transfer provisions, it finds that BITs signed between two developing countries are typically less wide-ranging than...

It is usually assumed that peremptory norms have only a “limiting effect” with respect to the State of Necessity defence (“Necessity”), as characterized by article 25 of the International Law Commission's Articles on State Responsibility (“ILC's Articles”). Indeed, Necessity cannot...