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Some Comments on Recent Proposals to Legitimize Investment Treaty Arbitration by Improving the Quality of Reasoning in Arbitral Awards
9/9 checkable references clean · checked 2026-08-28
Every reference with a DOI in the deposited reference list resolved to a known work in Crossref or DataCite at the dated check, and none carried a retraction, withdrawal, or removal notice.
20 without a DOI — not checked. A reference deposited without a DOI is never matched by title or guessed at; it stays outside the checked set, and this line discloses that.
The 9 checked references that resolve
resolves10.1093/acprof:oso/9780199589104.003.0001
International Investment Law and Comparative Public Law—an Introduction
resolves10.5771/9783845207124-222
Philosophie hinter den Spiegeln: Chinas Suche nach einer philosophischen Identität
resolves10.2139/ssrn.1466980
Investor-State Arbitration as Governance: Fair and Equitable Treatment, Proportionality and the Emerging Global Administrative Law
resolves10.1093/jnlids/idt024
International Arbitral Awards' Reasons: Surveying the State-of-the-Art in Commercial and Investment International Dispute Settlements
resolves10.1093/ejil/chr106
In Whose Name? An Investigation of International Courts' Public Authority and Its Democratic Justification
The 20 references without a DOI — listed, not checked
no DOI — not checkedref1
no DOI — not checkedis heavily critical of the idea of general principles of law. Schill argues such criticism can be overcome: Schill, 'General Principles of Law and International Investment Law
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no DOI — not checkedRepublic of Zimbabwe (Procedural Order No.2), (ICSID Cases No. ARB/10/15 and ARB/10/25
no DOI — not checked683 (countenancing the 'external rule exerting a sort of gravitational pull on the treaty rule that will result in a treaty interpretation that more closely coheres with the external rule'), and Isabelle Van Damme, Treaty Interpretation by the WTO Appellate Body
no DOI — not checkedInterpreting Investment Treaties: Experiences and Examples
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no DOI — not checked) 11. Schill refers to a clash between different epistemic communities. I refer to interpretive communities instead, given as Ingo Venzke explains that term seems preferable in not implying any epistemic truth at the bottom of the group: Ingo Venzke, 'Multidisciplinary Reflections on the Relationship Between Professionals and The(ir) International Law
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no DOI — not checkedDifferentiating Among International Investment Disputes
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no DOI — not checkedStone Sweet and Cananea acknowledge the significant judicial law-making involved in using general principles, and that this will be of concern to others: Alec Stone Sweet and Giacinto della Cananea Proportionality
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