Final published version
Research output: Contribution in Book/Report/Proceedings - With ISBN/ISSN › Chapter (peer-reviewed) › peer-review
Research output: Contribution in Book/Report/Proceedings - With ISBN/ISSN › Chapter (peer-reviewed) › peer-review
}
TY - CHAP
T1 - Jus cogens in international investment law and arbitration
AU - Vadi, Valentina
PY - 2016/8/5
Y1 - 2016/8/5
N2 - 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.
AB - 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.
KW - Jus cogens
KW - International investment law
KW - Investment treaty arbitration
KW - Transnational public order
KW - Peremptory norms
U2 - 10.1007/978-94-6265-114-2_12
DO - 10.1007/978-94-6265-114-2_12
M3 - Chapter (peer-reviewed)
SN - 9789462651135
T3 - Netherlands Yearbook of International Law
SP - 357
EP - 388
BT - Netherlands Yearbook of International Law 2015
A2 - den Heijer, Maarten
A2 - van der Wilt, Harmen
PB - Springer
ER -