Interpretation of International Investment Treaties

This book offers a systematic study of the interpretation of investment-related treaties – primarily bilateral investment treaties, the Energy Charter Treaty, Chapter XI NAFTA as well as relevant parts of Free Trade Agreements.

Interpretation of International Investment Treaties

Interpretation of International Investment Treaties

This book offers a systematic study of the interpretation of investment-related treaties – primarily bilateral investment treaties, the Energy Charter Treaty, Chapter XI NAFTA as well as relevant parts of Free Trade Agreements. The importance of interpretation in international law cannot be overstated and, indeed, most treaty claims adjudicated before investment arbitral tribunals have raised and continue to raise crucial and often complex issues of interpretation. The interpretation of investment treaties is governed by the Vienna Convention on the Law of Treaties (VCLT). The disputes relating to these treaties, however, are rather peculiar as they place multinational companies (or natural person) in opposition to sovereign governments. Fundamental questions dealt with in the study include: Are investment treaties a special category of treaty for the purpose of interpretation? How have the rules on interpretation contained in the VCLT been applied in investment disputes? What are the main problems encountered in investment-related disputes? To what extent are the VCLT rules suited to the interpretation of investment treaties? Have tribunals developed new techniques concerning treaty interpretation? Are these techniques consistent with the VCLT? How can problems relating to interpretation be solved or minimised? How creative have arbitral tribunals been in interpreting investment treaties? Are States capable of keeping effective control over interpretation?

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Interpretation of International Investment Treaties
Language: en
Pages: 424
Authors: Tarcisio Gazzini
Categories: Law
Type: BOOK - Published: 2016-11-03 - Publisher: Bloomsbury Publishing

This book offers a systematic study of the interpretation of investment-related treaties – primarily bilateral investment treaties, the Energy Charter Treaty, Chapter XI NAFTA as well as relevant parts of Free Trade Agreements. The importance of interpretation in international law cannot be overstated and, indeed, most treaty claims adjudicated before
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Language: en
Pages: 408
Authors: Trinh Hai Yen
Categories: Law
Type: BOOK - Published: 2014-06-06 - Publisher: Martinus Nijhoff Publishers

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Language: en
Pages: 586
Authors: Zachary Douglas, Joost Pauwelyn, Jorge E. Viñuales
Categories: Law
Type: BOOK - Published: 2014-05-01 - Publisher: OUP Oxford

International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of
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Language: en
Pages: 572
Authors: Todd Weiler
Categories: Law
Type: BOOK - Published: 2013-05-02 - Publisher: Martinus Nijhoff Publishers

In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historiographical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of
International Human Rights and the Interpretation of International Investment Treaties - Constitutional Considerations
Language: en
Pages: 21
Authors: N. Jansen Calamita
Categories: Law
Type: BOOK - Published: 2015 - Publisher:

The absence of articulations of public goods (beyond investment protection) in most international investment treaties has led to calls for these treaties to be interpreted by reference to other areas of international law, such as international human rights law. Relying upon Article 31(3)(c) of the Vienna Convention on Law of