Abstract

While most investor-state arbitration analysis is elsewhere, ratione temporis, the unique jurisdictional intersection of text, principles, and tribunal jurisprudence, remains a complex and misunderstood inquiry. The core inquiry is the relation of events and lex specialis to the point of dispute, the temporal point at which states have consented to international obligations potentially giving rise to a breach. However, there are multiple point of dispute tests and lex specialis categories used, resulting in diverging and potentially confusing jurisprudence. When connected to the one-time ...