With the prospect of the imminent entry into force of the UN Watercourses Convention (UNWC), its complex dispute-settlement mechanisms may soon become operational. This article argues that Article 33, in combination with the UNWC's procedural provisions on cooperation, provides for a...

With States increasingly concerned about safeguarding their regulatory powers, it is rather striking to find in investment treaties clauses reminiscent of contractual freezing clauses. Aimed at protecting investors against subsequent regulatory action, these clauses are problematic for their...

General principles of law in the sense of Article 38 (1) of the Statute of the International Court of Justice play an important role in foreign investment law. The essay discusses the nature and functions of these principles, focusing on their contribution to the definition of fair and equitable...

This paper examines the formation and evolution of customary international law in the field of foreign investment (Parts II and III) and its various forms interaction with international treaties, focussing mainly on BITs (Parts IV to IX). Although a comprehensive study on the customary rules for...