| Figures | ||
| 1 | The complex interplay of contextual factors | 8 |
| 2 | Applicable law clauses in ISDS decision | 58 |
| 3 | Common references to international law in applicable law clauses in ISDS | 60 |
| 4 | Percentage of total decisions referring to other international law in data collection | 75 |
| 5 | Year-spread of relevant ISDS cases | 79 |
| 6 | Year-spread of WTO cases | 80 |
| 7 | Instances of other international law taken into account: ISDS | 81 |
| 8 | Instances of other international law taken into account: WTO | 81 |
| 9 | Proportion of sources of law in decisions | 85 |
| 10 | Legal basis and reasoning for application of other international law | 89 |
| 11 | Legal basis for the rejection of other law | 95 |
| 12 | Comparison of acceptance of other international law in ISDS decisions with and without applicable law clauses | 118 |
| 13 | Percentage of instances of treaty and general principles taken into account | 129 |
| 14 | How other law is applied in the decisions | 132 |
| 15 | How general principles are applied | 133 |
| 16 | Timeline of systemic integration references | 153 |
| 17 | Framing the choices of adjudicators | 283 |
| Tables | ||
| 1 | Summary of data collection | 13 |
| 2 | Example jurisdictional clauses | 47 |
| 3 | Specific formulations of applicable law clauses in ISDS | 61 |
| 4 | Comparison of instances of international law before the regimes | 78 |
| 5 | Sources of other law in the regimes | 85 |
| 6 | Breakdown of the sources of jurisprudence by court | 98 |
| 7 | Proportion of types of treaty law in the regimes | 102 |
| 8 | References to systemic integration | 153 |
| 9 | Comparison of total instances of PIL compared to systemic integration instances | 154 |
| 10 | Overview of the consensual and systemic approaches in WTO and investor-state jurisprudence | 236 |
In: The Adjudicatorâs Toolkit and the Force of International Law
Author:
Nicola Strain
Nicola Strain
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Search for other papers by Nicola Strain in
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