PROPORTIONALITY, GENERAL PRINCIPLES OF LAW, AND INVESTOR-STATE ARBITRATION: A RESPONSE TO JOSE ALVAREZ

摘要

Judicial lawmaking constitutes the primary mechanism for the progressive construction of international law today. International judges and arbitrators make law, as a by-product of their functions as dispute-resolvers, not least, through interpreting norms found in treaties and other recognized sources of law. They do so, increasingly, in dialogues with judges across jurisdictional boundaries. In this contribution to the 2013 Symposium of the New York University Journal of International Law and Politics, we explore these themes, focusing in particular on how judges and arbitrators have developed general principles of law.