This comment on Alan Sykes Article "Economic 'Necessity' in International Law" on AJIL UNBOUND discusses the application of necessity clauses from an economic perspective especially in light of the incentives of investors, who are the third party beneficiaries of the investment treaty/contract....

The discussions about International Investment Law (IIL) are slowly catching up with the discussions about international trade law in two respects: the first is the social science, especially economic, enrichment of the legal discourse, the second is the discussion on fragmentation of...

ISDS is at a crossroads and many alternative solutions have been proposed for reforming the system. One has been neglected in the discussion: the role of joint commissions of the state parties resolving certain problems in investment treaties. This alternative 'withdraws' interpretative...

States write incomplete contracts when negotiating and concluding international treaties. Often, they delegate the interpretation of treaties to third-party adjudicators. Some treaties, especially in environmental law, do not institutionalize adjudication within the treaty regime but leave the...

International Investment Law (IIL), like international trade law, has an economic rationale as its background. Nevertheless, this economic rationale and the empirical insights into assumed causal links play a much smaller role than in trade law. Whereas in trade law economic insights have found...

States write incomplete contracts when negotiating and concluding international treaties. Often, they delegate the interpretation of treaties to third-party adjudicators. Some treaties, especially in environmental law, do not institutionalize adjudication within the treaty regime but leave the...