The Role and Function of General Principles of Law in International Investment Law

Longstanding disputes over general principles of law as enumerated in Article 38 of the ICJ Statute has led some to consider these principles as an independent source of international law while others reduce their function to mere gap-filling in non-liquet situations. Nevertheless, international investment law and investor-state arbitrations have proved to be a fertile ground for the influence of general principles. This seeming evolution of the role and functions of general principles as regards international investment law is the subject of this paper.