Interpretation of International Investment Treaties

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Nombre del producto:
Interpretation of International Investment Treaties
Fecha de edición:
1 ago. 2016
Número de Edición:
Gazzini, Tarcisio
Lugar de edición:

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 very unusual as they place a multinational company (or a natural person) in opposition to a sovereign government.

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?

1. Introduction 
2. Overview of International Investment Treaties 
3. Main Features of International Investment Treaties 
4. Ordinary Meaning of the Terms of the Treaty 
5. Context 
6. Object(s) and Purpose(s) 
7. Subsequent Agreements and Subsequent Practice 
8. Other Rules of International Law 
9. Special Meaning 
10. Supplementary Means 
11. Plurilingual Treaties 
12. Interpretative Value of Arbitral Decisions 
13. Interpretative Value of Scholarly Writings 
14. The Role of States in the Interpretation of Investment Treaties 
15. Conclusions

Tarcisio Gazzini is Professor of international law at the University of East Anglia and visiting professor at the Graduate Institute of International and Development Studies in Geneva as well as at the Geneva Academy of Human Rights and Humanitarian Law. He has previously taught at the Universities of Padua, Glasgow and VU Amsterdam. Between 2014 and 2017, he co-directed a research project at the University of Lausanne financed by the Swiss National Science Foundation on “Foreign Investment in Africa: Gaining Development Momentum”. He is a member of the International Law Association Committee on Role of International Law in Sustainable Natural Resource Management for Development. He is also a member of the editorial board of the book series published by Brill-Nijhoff on International Investment Law.

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