Introduction

Compensation is not always an adequate remedy in investor-State disputes. Investors frequently seek alternatives such as restitution, specific performance and declaratory relief. They are often entitled to do so. The breach of an investment treaty constitutes an international wrong and as this paper will go on to discuss, an international wrong gives rise to an obligation to make reparation 'in an adequate form'.[1] In some cases, the law prescribing the availability of remedies may be a national law.[2] In others, although this is rare, the treaty may prescribe the range of ...