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however, if the international community is repeatedly made aware of the problem
and its ramifications, and if the problem is thoroughly discussed, a solution may be
found.
Amicus curiae
submissions can also bring new information and arguments to
the table, and they can develop and restructure arguments already used by the state.
A real life example of a positive contribution of a non-party actor can be found in
Biwater v Tanzania
. Here an
amicus curiae
submission helped to convince the tribunal
not to award damages despite having found a breach of the BIT, as it showed that
the damage incurred by the investor is not attributable to the state.
Amicus curiae
is
therefore under certain circumstances able to promote human rights in international
investment arbitration.