Intertemporality and International Investment Arbitration: Protecting the Jurisdiction of Established Tribunals

Abstract

This article is divided into five parts, including this brief introduction and an equally brief conclusion in Parts I and V, respectively. Part II examines the specific ways to interpret, amend and terminate international investment agreements indicating how they are unique as well as similar to the generic ways to interpret, amend and terminate treaties, since international investment agreements are proprio motu treaties. Part III examines consent to arbitration and its effects on the amendment or termination of international investment agreements. Part IV places specific emphasis on the inter-temporal principle of international law, which is used to corroborate the thesis that states can amend and terminate international investment agreements but they cannot revoke the jurisdiction of an arbitral tribunal once the investor has consented to arbitration.