Treaty Interpretation in Investment Arbitration
Series: Oxford International Arbitration Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 8 March 2012
- ISBN 9780199641475
- Binding Hardback
- No. of pages314 pages
- Size 252x175x24 mm
- Weight 686 g
- Language English 0
Categories
Short description:
This systematic and comprehensive analysis of the interpretation of treaties in investment arbitration presents a wealth of material and a thorough assessment of the practice of foreign investment arbitral tribunals.
MoreLong description:
The rise of investment arbitration in the last decade has generated an unprecedented body of arbitral case law. The work of these arbitral tribunals has provided scholars and practitioners with public international law jurisprudence, including materials on treaty interpretation which has not yet been thoroughly analysed.
This book evaluates the contribution of investment arbitration treaty interpretation jurisprudence to international law, covering all key aspects of treaty interpretation. Included in the book's coverage are awards which feature in prominent discussions or in applications of treaty interpretation rules. Among the significant portion of arbitral awards analysed, which deal with investment treaties, are ICSID awards, ad hoc investment arbitration awards, NAFTA awards, and Energy Charter Treaty awards.
The extensive analysis of investment arbitration awards and decisions has also been used to create a table highlighting both the references to principles of treaty interpretation and instances in which they were rejected. This invaluable insight into the practice of investment tribunals will be of interest to both practitioners and academics alike.
Foreword by by Professor Michael Reisman, Yale Law School _
Very sensibly, Weeramantry takes the gold standard of Articles 31-33 VCLT seriously and bases his account of the specialist practice of treaty interpretation within investment arbitration on this generalist framework. Weeramantry has a very clear and informed understanding of these rules and explicates them extremely well on the background of meticulous research and a wealth of sources.
Table of Contents:
Introduction
Overview
Relevant Treaty Law
Treaty Interpretation: History and Background
Pre-Vienna Convention Treaty Interpretation Rules
Development of the Convention Rules
Criticism of the Convention Rules
Customary Status and FIAT Use of the Convention Rules
Interpretation and Application Distinguished
Who May Interpret Treaties?
What May be Interpreted by the Convention Rules?
The General Rule of Treaty Interpretation
Introduction
Article 31(1)
Article 31(2)
Article 31(3)
Article 31(4)
Supplementary Means of Interpretation
Article 32
Preparatory Work
Circumstances of a Treaty's Conclusion
Confirming a Meaning
Determining a Meaning
Non-Codified Means of Interpretation
Introduction
Use of Prior Awards and Decisions
Treaties, Instruments, or Materials
Scholarly Opinion
Inter-Temporal Aspects
Principle of Effectiveness
Legal Maxims
Interpretation Jurisprudence Particular to Investment Arbitration
The AAP Rules
Failure to Apply Convention Rules
Unilateral Declarations Consenting to Investment Arbitration
Umbrella Clauses
Most Favoured Nation Clauses
Disclosure of Preparatory Work
Pro-Investor Bias in Interpreting Investment Treaties?
Restrictive Interpretation
Pre-Arbitration Waiting Period
Interpreting Silence
Conclusion
Conclusions on FIAT Treaty Interpretation Practice
Suitability of Convention Rules for Investor-State Disputes
Contribution of FIAT Practice to Internation Law
Appendices
Analytical Tables of FIAT Treaty Interpretation Practice
Comparison between Articles 27-29 of the 1966 ILC Draft and Articles 31-33 of the Vienna Convention
Comparative Table of Draft Treaty Interpretation Rules
Umbrella Clause Comparative Table
Selected ICJ Decisions Confirming Customary Status of the Convention Rules
Other Selected International Decisions Confirming Customary Status of the Convention Rules
Selected Domestic Court Decisions Confirming Customary Status of the Convention Rules
