Introduction

The enforcement of obligations under public international law is increasingly effectuated through mechanisms of international dispute resolution by fully- or quasiadjudicatory bodies.[1] The Dispute Settlement Body of the World Trade Organization and arbitral tribunals constituted under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)[2] are just two examples of the popularity of this development.[3] When creating an adjudicatory enforcement mechanism for international law, States have to decide who has ...