INTERPRETATION OF INTERNATIONAL INVESTMENT TREATIES
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- Author: TARCISIO GAZZINI
- ISBN: 9781849462686
- Availability: In Stock
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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?