The new article by Christian J. Tams, co-authored with Eran Sthoeger, is out now!
“Swords, Shields and Other Beasts: The Role of Countermeasures in Investment Arbitration” in ICSID Review – Foreign Investment Law Journal, Volume 37 (Issue 1-2, Winter/Spring 2022, Pages 121–137), assesses the role of countermeasures in investment arbitration. Highlighting tensions between traditional forms of ‘private‘ law enforcement and binding dispute resolution, they argue that investment arbitration has not entirely opted out of countermeasures. Under certain circumstances, countermeasures remain available, in their two forms as enforcement measure (‘sword‘) and defence (‘shield‘).
This article forms part of a massive special issue of the ICSID Review, reflecting on the 20th Anniversary of the Articles on Responsibility of States for Internationally Wrongful Acts, with contributions by leading scholars and practitioners.
Please visit https://academic.oup.com/icsidreview/issue/37/1-2 to read this article.