JOINT TORTFEASORS IN INVESTMENT LAW
This chapter addresses an issue of the law of international responsibility that arose in a well-known investment arbitration case, CME v Czech Republic. It shows the generally cautious attitude in theory and practice towards the principle of joint tortfeasors in international law. The main problem is the unclear contours of that principle. Joint tortfeasors may, in principle, play a useful role in a case where an internationally wrongful act was caused by several actors. In fact, it has frequently been invoked in the context of concurrent causes, in case of complicity or of a plurality of responsible persons, but the uncertain requirements of, and conditions inherent in, this principle have prevented the development of a generally applicable concept of joint tortfeasors.
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