von Staden: Reestablishing Doctrinal Clarity and Correctness: Treaty Exceptions, Necessity, and the CMS, Sempra, and Enron Annulment Decisions

Andreas von Staden (Univ. of Saint Gallen - Law) has posted Reestablishing Doctrinal Clarity and Correctness: Treaty Exceptions, Necessity, and the CMS, Sempra, and Enron Annulment Decisions (Czech Yearbook of International Law, forthcoming). Here's the abstract:

Several arbitration awards rendered against Argentina have revealed fundamental problems in the interpretation and application of treaty-based non-precluded measures provisions and the customary law defense of necessity. The ICSID annulment decisions in the cases of CMS, Sempra, and Enron have provided much needed doctrinal clarification in this respect, and two of these have justifiably annulled the awards for failure to apply the proper law.