Introduction

I am going to address one particular issue that comes up in thinking about some kind of appellate system. This issue relates to the complexity that is presented by the fact the states are the rule makers (although this is a right and natural fact, since questions of international law are established by agreement of states). This issue also relates to the situation where there may be pending disputes that involve investors simultaneously with circumstances in which states attempt to change the rules of the game halfway through. That issue shall be examined through the lens of ...