Chapter 11: Soft Codification of International Investment Law
11. Soft codiﬁcation of international investment law August Reinisch and Andrea K. Bjorklund INTRODUCTION At present, codiﬁcation has become a contested concept. For many observers the era of codiﬁcation in customary international law is a bygone period since most major topics have been subjected to more or less successful codiﬁcation attempts, primarily under the prominent aegis of the International Law Commission (ILC), including its work on diplomatic1 and consular2 law, on the law of treaties,3 on state responsibility,4 state succession,5 and state immunity.6 If one looks at today’s work plan of the ILC, mostly technical areas remain. The Commission is addressing some of the unresolved questions in the Vienna Convention on the Law of Treaties (VCLT), such as Vienna Convention on Diplomatic Relations, 18 April 1961, 500 UNTS 95. Vienna Convention on Consular Relations, 24 April 1963, 596 UNTS 261. 3 Vienna Convention on Law of Treaties, 23 May 1969, 1155 UNTS 331. 4 Draft articles on Responsibility of States for internationally wrongful acts, adopted by the International Law Commission at its Fifty-third session (2001), Report of the International Law Commission on the work of its Fifty-third session, Oﬃcial Records of the General Assembly, Fifty-sixth session, Supplement No 10 (A/56/10), Chp IV.E.2. 5 Vienna Convention on Succession of States in respect of Treaties, 23 August 1978, 1946 UNTS 3; Vienna Convention on Succession of States in respect of State Property, Archives and Debts, 8 April 1983, UN Doc A/CONF.117/14 (not yet in...
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