Enhanced Responsibility
摘要
This chapter examines situations in which investment tribunals arguably bear a heightened responsibility to independently ascertain the applicable law. In other words, it is argued that these are instances where investment tribunals have a duty—rather than mere discretion—to take ex officio initiatives in determining the law. While other examples may exist, this chapter focuses on three specific contexts: default proceedings, questions of jurisdiction, and the application of higher-ranking norms.