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The Relationship Between Bilateral Investment Treaty Arbitration and the Wider Corpus of International Law: The ICSID Approach

BITs also create private obligations owed by States to individuals within their territories. Thus, BITs straddle the divide between public and private law. The tension between the public and private obligations embodied in BITs means that any conflict between a host-State's BIT obligations and its other international law obligations cannot simply be resolved by declaring public international law triumphant. Rather, a fine balancing must occur between the rights of the investor and that of the host-State and international community at large.

BITs also create private obligations owed by States to individuals within their territories.