Article from: TDM 4 (2005), in BIICL Investment Treaty Forum Conference
There are two related themes that sessions three and four touched on and that I want to consider. First, are tribunals overreaching by hitting States too hard? Second, whether yes or no, is it nonetheless believed that tribunals are overreaching in this manner? Various tensions and balances have been discussed during the course of the day. I shall recap a few of those, focusing on session three, and then try to wrap them into a final political irony, earlier raised by Barry Garfinkel, regarding Senator Kerry and public international law.