Soft Law in International Investment Arbitration

Fulvio M. Palombino

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Chapter 20 Soft Law in International Investment Arbitration

In: Arbitration as Balanced Administration of Justice

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Fulvio M. Palombino

Fulvio M. Palombino
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Type:: Chapter

Pages:: 360–370

DOI:: https://doi.org/10.1163/9789004694910_021

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Abstract

The issue concerning the normative nature and the use of soft law in international law has been the subject of a lively debate within the international legal community. Despite existing theoretical and practical challenges, international courts and tribunals have increasingly resorted to soft law instruments in order to either decide the merits of the case or shape the conduct of the proceedings. This is particularly true with regard to the jurisprudence of international investment tribunals, on which soft law has had a major impact. By analyzing this case law, the present work sheds some light on the use of soft law instruments by investment tribunals. It points out how reliance on these instruments rests upon the assumption that they generally reflect common expectations shared by the international community and, thus, affect the behavior of its members. From this perspective, this chapter reaches the conclusion that soft law, despite the uncertainty surrounding its nature, does contribute to the enhancement of legal certainty.

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Arbitration as Balanced Administration of Justice

Essays In Honour of Piero Bernardini

E-Book ISBN:: 9789004694910

Publisher:: Brill | Nijhoff

Print Publication Date:: 24 Jul 2024

Subjects
- International Law
  - International Dispute Resolution & Arbitration
  - International Commercial, Trade & Investment Law

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Chapter 20 Soft Law in International Investment Arbitration

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Arbitration as Balanced Administration of Justice

Essays In Honour of Piero Bernardini

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