problems. For instance, in Analogies and Other Regimes of International
Law, Paparinskis recognizes that “investment
law partly borrows and partly diverges from pre-existing regimes of international
law” so that an interpreter is “required to determine the degree of similarity and difference so as to elaborate the ordinary meaning of both particular terms and broader structures.” Moreover, he continues, “the interpreter may plausibly rely on different
approaches, with importantly different implications for the meaning and operation of particular elements of investment
law.” The reason we need to develop a hybrid theory...