Introduction

The legitimacy of international investment law and dispute settlement has been put to doubt for some time. Many proposals to remedy this real or perceived lack of legitimacy consist, in substance, in arguing that it is now the time to move forward and to substantially revise the international investment protection system. Without disputing the intrinsic value of such proposals, the author will argue that there is also a case for looking back at some fundamentals of international law and dispute settlement. First, the author argues that the regime's purpose to create stable ...