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Jus cogens in international investment law and arbitration

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Abstract

Despite growing reference to jus cogens in the jurisprudence of international courts and scholarly writings, the concept remains vague. What is jus cogens? Why does it matter? What are its effects? These questions remain unsettled, and the time is ripe for further in-depth investigation. This chapter aims at addressing this set of questions, focusing on the role of jus cogens in international investment law and arbitration. Jus cogens has played an important role in the evolution of international investment law, and illuminating the trajectory of this concept is important for the future of the field. In fact, not only can the study contribute to further clarifying the concept of jus cogens but it can also reinforce the perceived legitimacy of the international investment law system. These developments can be significant for international investment lawyers, international law scholars and other interested audiences.