Abstract
The Article will mainly deal with the principle of pacta sunt servanda and doctrines of “change of remedy” and “accumulation of remedies” to support the theoretical foundations of specific performance and its inevitability and desirability in Investor-State Dispute Settlements (ISDS).
However, this Article does not submit that specific performance should be available in all circumstances. There are, of course, situations where granting specific performance is not possible, efficient, or desirable. For instance, “restitution will be materially impossible in situations such as where the subject-matter of the dispute has been destroyed, has irremediably deteriorated (for example when a confiscated ship has been sunk), has perished or where it has passed into the hands of a bona fide third party. In any event, however, the principle of pacta sunt servanda ought to be a starting point for the analysis of available remedies to an aggrieved party.
Recommended Citation
Farshad Rahimi Dizgovin,
Foundations of Specific Performance in Investor-State Dispute Settlements: Is It Possible and Desirable?,
28 Fla. J. Int'l L.
(2021).
Available at: https://scholarship.law.ufl.edu/fjil/vol28/iss1/1