Introduction

At the core of international investment arbitration is the idea of holding a state accountable for its wrongdoing. This is similar to the situation under national law, when an individual has suffered damage by unlawful actions of a state and tries to get monetary compensation. While in the context of investment arbitration, the dispute about the compensability of such damage is regarded as an issue of public international law, in particular the law of state responsibility, it might also be of interest to evaluate the liability of public authorities on the basis of ...