Chasing the Rabbit : The Resurgence of General Principles of Law in International Investment Law and Beyond

Article 38(1)(c) of the Statute of the International Court of Justice is a much lauded and equally derided source of international law. This ‘rabbit in a judicial hat’ has long had an uncertain pedigree, although new works seek to classify it with more precision. The use of General Principles in international investment arbitration, as chronicled in Dumberry’s work, parallels how the source has been used in general international law courts and tribunals: settled in some areas, with pitfalls remaining in others. This review essay suggests key pitfalls – such as the ongoing ‘Concert of Europe’ and the inherent tension in allowing principles drawn from the international forum – could be resolved for a more complete and consistent model of General Principles