Introduction

This article is organized around three "questions asked" with respect to Investor-State Dispute Settlement (ISDS). For each, it describes the "answers" yielded by the experience of the international uniform law movement, and proposes how the insights gained might be put into practice in ISDS. The first two questions are doctrinal in character. Part II poses the question: what degree of consistency between ISDS tribunals should be the goal? Part III asks: what should be the role of precedent in a decentralized, non-hierarchical interpretive community? On both of these issues, the ...