Introduction

This article will concentrate on the concept of "efficient breach" as developed for the law of contracts and its possible application to the law of remedies in international investment law. Remedies for breaches of obligations between States and foreign investors should not only repair the concrete injury in one particular case, but in view of the general preventive function of law also contribute to the compliance with legal obligations by the investment community as a whole. Their importance for the law of international investments therefore can not be overestimated.[1] Given ...