Introduction

My role on this panel is to discuss the way in which investment treaty tribunals use precedents of other international courts. One preliminary observation that might be made is that international courts are increasingly referring to international case law, not only their own previous decisions, but also the jurisprudence of other international courts. This may be due at least in part to the "proliferation" of international courts and tribunals, which has seen the creation of many new international courts over the last ten to fifteen years,[1] and the increase in the volume of ...