Search Results for "interpretation-of-international-investment-treaties"

Interpretation of International Investment Treaties

Interpretation of International Investment Treaties

  • Author: Tarcisio Gazzini
  • Publisher: Bloomsbury Publishing
  • ISBN: 1782255656
  • Category: Law
  • Page: 424
  • View: 7605
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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?

The Interpretation of Investment Treaties

The Interpretation of Investment Treaties

  • Author: Trinh Hai Yen
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9004274545
  • Category: Law
  • Page: 408
  • View: 2626
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In The Interpretation of Investment Treaties, Trinh Hai Yen analyzes arbitral neglect or misapplication of international rules on treaty interpretation in investor-state arbitrations and proposes both adjudicative and legislative solutions.

Interpretation of International Investment Treaties

Interpretation of International Investment Treaties

  • Author: Tarcisio Gazzini
  • Publisher: N.A
  • ISBN: 9781474201988
  • Category: Commercial treaties
  • Page: N.A
  • View: 9312
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Overview of international investment treaties -- Main features of international investment treaties -- Ordinary meaning of the terms of the treaty -- Context -- Object(s) and purpose(s) -- Subsequent agreements and subsequent practice -- Other rules of international law -- Special meaning -- Supplementary means -- Plurilingual treaties -- Interpretative value of arbitral decisions -- Interpretative value of scholarly writings -- The role of states in the interpretation of investment treaties

Bilateral Investment Treaties

Bilateral Investment Treaties

History, Policy, and Interpretation

  • Author: Kenneth J. Vandevelde
  • Publisher: Oxford University Press, USA
  • ISBN: N.A
  • Category: Law
  • Page: 562
  • View: 3655
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Bilateral Investment Treaties: History, Policy, and Interpretation organizes, summarizes and comments upon the arbitral awards interpreting and applying BIT provisions. Policymakers and practitioners will find a thorough introduction to the operation of the BITs, including the principal arguments and case authorities on both sides of the major issues in international investment law. The book is intended to be a single-volume reference covering every important development in the 50 years of BIT programs worldwide, from 1959 until 2009. Author Kenneth Vandevelde argues that the primary purpose of the BITs is to promote the application of the rule of law to foreign investment, while a secondary purpose is to create a liberal investment regime. He further argues that BITs are based on six core principles: reasonableness, security, nondiscrimination, access, transparency and due process. The book explains each of these principles and analyzes the major BIT provisions based on them. Vandevelde addresses the host of complex questions that BITs engender: Do bilateral investment treaties attract foreign investment or otherwise contribute to economic development? Do BITs limit host state regulatory discretion too much? Why should countries continue to conclude BITs? What is meant by BIT guarantees of "fair and equitable treatment" and "full protection and security"? What is the scope of the BIT provision for most-favored-nation treatment? The book's expert analysis of these questions makes it useful to policy makers in the area of international economic relations, attorneys representing multinational companies, and anyone interested in the process of economic globalization.

The Interpretation of International Investment Law

The Interpretation of International Investment Law

Equality, Discrimination and Minimum Standards of Treatment in Historical Context

  • Author: Todd Weiler
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9004232230
  • Category: Law
  • Page: 572
  • View: 3394
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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 investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.

Law and Practice of Investment Treaties

Law and Practice of Investment Treaties

Standards of Treatment

  • Author: Andrew Paul Newcombe,Lluís Paradell
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041123512
  • Category: Political Science
  • Page: 614
  • View: 9769
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The book focuses on the substantive protections accorded to investors and investments and on the variations among jurisdictions. Among the many specific issues and topics that arise in the course of the discussion are the following: - problems of transparency and conflict of interest; - the recent growth in IIAs between and among developing nations; - the effect of new model bilateral investment treaties (BITs); - the ability of non-disputing parties to participate in investor-state arbitration; - theories of the interaction of foreign direct investment (FDI) and BITs; - investor-state arbitration as an evasion of public regulatory authority; - the role of investment funds in international investment; - 'fork in the road' provisions; and - institutional versus ad hoc arbitration. International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the development of principles in a quickly growing field of practice that is still plagued with inconsistencies.

Principles of International Investment Law

Principles of International Investment Law

  • Author: Rudolf Dolzer,Christoph Schreuer
  • Publisher: OUP Oxford
  • ISBN: 0191632139
  • Category: Law
  • Page: 456
  • View: 808
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This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor vs State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students or practitioners alike.

The Law of Investment Treaties

The Law of Investment Treaties

  • Author: Jeswald W. Salacuse
  • Publisher: Oxford University Press, USA
  • ISBN: 019870397X
  • Category: Law
  • Page: 479
  • View: 5324
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New to this edition: Additional chapter on the consequences of treaty violations and the determination of damages in investor state disputes - Covers all treaties and free trade agreements that have been negotiated since the first edition - Includes analysis of trends from treaty negotiation

Treaty Interpretation in Investment Arbitration

Treaty Interpretation in Investment Arbitration

  • Author: J Romesh Weeramantry
  • Publisher: OUP Oxford
  • ISBN: 019163817X
  • Category: Law
  • Page: 312
  • View: 6357
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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 _

The Impact of Investment Treaties on Contracts Between Host States and Foreign Investors

The Impact of Investment Treaties on Contracts Between Host States and Foreign Investors

  • Author: Jan Ole Voss
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9004192239
  • Category: Law
  • Page: 363
  • View: 5438
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In the field of investment treaty arbitration, the co-existence of contracts and treaties has generated an increasingly divided jurisprudence on central aspects of treaty interpretation. This book comprehensively examines the legal problems surrounding the relationship of these two instruments. ?????

The Multilateralization of International Investment Law

The Multilateralization of International Investment Law

  • Author: Stephan W. Schill
  • Publisher: Cambridge University Press
  • ISBN: 0521762367
  • Category: Law
  • Page: 451
  • View: 8883
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The book argues that international investment law is a structured body of law based on uniform principles of investment protection.

Arbitral Awards As Investments

Arbitral Awards As Investments

Treaty Interpretation and the Dynamics of International Investment Law

  • Author: Maximilian Clasmeier
  • Publisher: Kluwer Law International
  • ISBN: 9789041183576
  • Category:
  • Page: 288
  • View: 7083
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This book presents the analysis of the existing tribunals' approaches to date. The book addresses the following questions: What is the foundation of interpretation in public international law and when is it adequately carried out? / Can arbitral awards constitute investments, offering relief from frustrated enforcement attempts? / Is there a trend of convergence to commercial and investment arbitration? / Do respective interpretative outcomes stem from adequate interpretation? / What are the ramifications, if interpretation is not fully adequate? / What are the feasible routes to greater interpretive discipline? This treatise on arbitral awards' qualification as investments within international investment law gives a detailed analysis of the interpretive approaches, their foundation and consequences. It will, from a theoretic point of view, provide value to international tribunals, counsel and sovereign entities.

Commentaries on Selected Model Investment Treaties

Commentaries on Selected Model Investment Treaties

  • Author: Chester Brown
  • Publisher: Oxford University Press
  • ISBN: 0199645191
  • Category: Law
  • Page: 895
  • View: 1988
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Model Bilateral Investment Treaties (BITs) are a state's blueprint for the investment treaties it negotiates with other states. This book compiles commentaries on the Model BITs of 19 key jurisdictions. It analyses state practice on international investment law, detailing each state's legislative regime on foreign investment and their BIT programme

Investment Treaty Law

Investment Treaty Law

Current Issues Volume II : Nationality and Investment Treaty Claims, Fair and Equitable Treatment in Investment Treaty Law

  • Author: Federico Ortino
  • Publisher: BIICL
  • ISBN: 1905221088
  • Category: Business & Economics
  • Page: 261
  • View: 4998
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In 2005, as part of its research activities in the field of investment treaty law and arbitration, the Investment Treaty Forum at the British Institute of International and Comparative Law organized two very successful public conferences in London addressing the issues of 'Nationality and Investment Treaty Claims' and 'Fair and Equitable Treatment in Investment Treaty Law.' This publication records the presentations given by very distinguished experts in the field. The first conference addressed a central issue in international law. Nationality sits at the heart of the debate over the rights and participation of private parties in international relations. In international investment law, nationality constitutes one of the central criteria defining the scope of application of international investment agreements such as the International Centre for Settlement of Investment Disputes (ICSID) Convention or the several thousands bilateral investment treaties (BITs) and free trade agreements (FTAs). Topics addressed at the conference include the issue of nationality of physical and legal persons, the requirements for substantive and continuous nationality, as well as the issue of nationality in derivative actions and indirect claims. The second conference dealt with potentially the most important and elusive obligation imposed on States by international investment treaties: the fair and equitable treatment standard. The elements that are usually cited by the case law and by legal scholars in the attempt to describe the meaning of the fair and equitable treatment standard include very broad concepts that are open to differing interpretations depending fundamentally on the perceived objectives of the international investment system. Among the topics addressed at the conference were the application of the fair and equitable treatment standard in customary international law and in investment treaty practice; equivalent standards under domestic administrative law; the relationship between the fair and equitable standard and expropriation; and the relevance of the conduct of the investor in determining a breach of the fair and equitable treatment standard.

International Investment Law and Comparative Public Law

International Investment Law and Comparative Public Law

  • Author: Stephan W. Schill
  • Publisher: Oxford University Press
  • ISBN: 0199589100
  • Category: Law
  • Page: 836
  • View: 2753
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Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (mainly as regards procedure). However, in essence and function it deals with a special, internationalised form of judicial review of governmental conduct that is more akin to the judicial control of governmental action provided for by national administrative and constitutional law than to either classic inter-state dispute resolution or international commercial arbitration. This has been recognised in some academic writing and several awards, where reference to national administrative law concepts and principles of international law-based judicial review of governmental action, such as international trade or human rights law, is used to help specify and apply the open-ended concepts of investment treaties. In-depth conceptualization is however often lacking. The current study is the first, pioneering effort to bring these under-developed ad hoc references to comparative and international administrative law concepts into a deeper theoretic and systematic framework. The book thus intends to develop a 'bridge' between treaty-based international investment arbitration and comparative administrative law on both a theoretical and practical level. The major obligations in investment treaties (indirect expropriation, fair and equitable treatment, national treatment, umbrella/sanctity of contract clause) and major procedural principles will be compared with their counterpart in comparative public law, both on the domestic as well as international level. That 'bridge' will allow international investment law to benefit from the comparative public law experience, which could enhance its legitimacy, its political acceptance, and its ability to develop more finely-tuned interpretations of central treaty obligations.

The Future of ICSID and the Place of Investment Treaties in International Law

The Future of ICSID and the Place of Investment Treaties in International Law

  • Author: N. Jansen Calamita,David Earnest,Markus Burgstaller
  • Publisher: British Institute for International & Comparative Law
  • ISBN: 9781905221509
  • Category: Law
  • Page: 364
  • View: 2400
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The International Center for the Settlement of Investment Disputes (ICSID) system and the international investment treaties that have come to rely upon it face a host of challenges, some new and some persistent. Increasingly, arbitral tribunals charged with the interpretation and application of international investment treaties are being asked to address the critical relationship between those treaties and other regimes of international law, such as the international law of human rights, trade law, and the law of the European Union. These questions raise fundamental issues about the scope of investment treaty obligations and the resolution of investment treaty disputes through arbitration. At the same time as arbitral tribunals are being presented with these fundamental issues regarding the interpretation and application of investment treaties, the ICSID system, upon which thousands of international investment treaties rely, faces its own ongoing challenge of meeting the goals set for it by its States Parties. Whether the task is addressing the efficient resolution of disputes through the use of ICSID's new summary procedures mechanism, or establishing a consistent jurisprudence on annulment, a wide array of new and perennial questions require answers. The chapters in this book bring together papers of the Investment Treaty Forum at the British Institute of International and Comparative Law and represent contributions by some of the leading practitioners and scholars in the field. The issues that are raised and discussed will be as important for practitioners as they are for policy-makers and academics.

Die Berechnung von Entschädigung und Schadenersatz in der internationalen Rechtsprechung

Die Berechnung von Entschädigung und Schadenersatz in der internationalen Rechtsprechung

  • Author: Irmgard Marboe
  • Publisher: Peter Lang
  • ISBN: 9783631573259
  • Category: Law
  • Page: 610
  • View: 6858
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Originally presented as the author's thesis (habil.)--Univ. Wien, 2006.

International Investment Law: Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives

International Investment Law: Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives

A Companion Volume to International Investment Perspectives

  • Author: OECD
  • Publisher: OECD Publishing
  • ISBN: 9264042032
  • Category:
  • Page: 340
  • View: 5691
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A comprehensive source of information on four key issues: the definition of investor and investment; the interpretation of umbrella clauses in investment agreements; coverage of environmental, labour and anti-corruption issues; and the interaction between investment and services chapters in RTAs.

The First Bilateral Investment Treaties

The First Bilateral Investment Treaties

U.S. Postwar Friendship, Commerce, and Navigation Treaties

  • Author: Kenneth J. Vandevelde
  • Publisher: Oxford University Press
  • ISBN: 019067959X
  • Category: Law
  • Page: 624
  • View: 3584
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The First Bilateral Investment Treaties is the first and only history of the U.S. postwar Friendship, Commerce, and Navigation (FCN) treaty program, and focuses on the investment-related provisions of those treaties. The 22 U.S. postwar FCN treaties were the first bilateral investment treaties ever concluded, and nearly all of the core provisions in the modern network of more than 3000 international investment agreements worldwide trace their origin to these FCN treaties. This book explains the original understanding of the language of this vast network of agreements which have been and continue to be the subject of hundreds of international arbitrations and billions of dollars in claims. It is based on a review of some 32,000 pages of negotiating history housed in the National Archives. This book demonstrates that the investment provisions were founded on the New Deal liberalism of the Roosevelt-Truman administrations and were intended to acquire for U.S. companies investing abroad the same protections that foreign investors already received in the United States under the U.S. Constitution. It chronicles the failed U.S. attempt to obtain protection for investment through the proposed International Trade Organization (ITO), providing the first and only history of the investment-related provisions in the ITO Charter. It then shows how the FCN treaties, which dated back to 1776 and originally concerned with establishing trade and maritime relations, were re-conceptualized as investment treaties to provide investment protection bilaterally. This book is also a work of diplomatic history, offering an account of the negotiating history of each of the 22 treaties and describing U.S. negotiating policy and strategy.

The Foundations of International Investment Law

The Foundations of International Investment Law

Bringing Theory into Practice

  • Author: Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales
  • Publisher: OUP Oxford
  • ISBN: 0191508586
  • Category: Law
  • Page: 586
  • View: 5394
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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 disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.