The issue of
applicable law in arbitrations involving States has long been at the heart of
academic debates and continues to raise complex legal questions for arbitral
tribunals today. While the debate initially centered around the applicability
of international law to disputes between States and private entities, the focus
has now shifted to the analysis of the interplay between national and
international law, in particular since the emergence of the dispute resolution
framework for investor-State disputes (ISDS). Based on a review of recent
jurisprudence from both commercial and investor-State tribunals, this article
aims to provide an overview of the fundamental principles governing the identification
of applicable law in international arbitrations involving States.