Interpretation of International Investment Treaties

Gazzini, Tarcisio (2016) Interpretation of International Investment Treaties. Hart Publishing, Hart Publishing. ISBN 9781849462686

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Abstract

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?

Item Type: Book
Additional Information: Book review, R. Gardiner, 19 Journal of World Investment & Trade (2018) 321 Book review: K. Dharmananda, B. Roberts, 91 (9) Australian Law Review (2017) 778
Uncontrolled Keywords: investment treaties,interpretation,vienna convention on the law of treaties
Faculty \ School: Faculty of Social Sciences > School of Law
Related URLs:
Depositing User: Pure Connector
Date Deposited: 21 Sep 2017 05:08
Last Modified: 15 Sep 2020 23:59
URI: https://ueaeprints.uea.ac.uk/id/eprint/64936
DOI:

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