PIL.OT / DEVELOPMENT
Investment Disputes after Argentinas Economic Crisis: Interpreting BIT Non-precluded Measures and the Doctrine of Necessity under Customary International Law
Development summary
Antoine Martin’s article in the Journal of International Arbitration examines the investment disputes before ICSID that followed Argentina’s reforms after the economic crisis of late 2001. It considers the distinct legal bases of necessity under customary international law and non-precluded-measures clauses in investment treaties, and comments on how annulment committee decisions contributed to that debate.