Justizielles Unrecht im internationalen Investitionsschutzrecht

The present work analyses the internationally wrongful acts of the judiciary in international investment law. The issues addressed not only concern the interpretation of contemporary investment protection standards but also “classic” debates about the customary law of aliens. In particular, the monograph closely examines the impact of the so-called “judicial finality rule” on state responsibility for acts of lower courts. It further presents the long-standing debate on the definition of “denial of justice” as well as the significance this customary notion may have for modern treaty-based protection standards. The survey additionally explores the relationship between national courts and international investment tribunals and briefly considers some problems pertaining to compensation and damages.
This study thus provides a reliable framework for the assessment of questions that are both intricate and increasingly relevant in the context of investor-state arbitration.