Interpretation of International Investment Treaties

Author: Tarcisio Gazzini
Publisher: Bloomsbury Publishing
ISBN: 9781782255666
Release Date: 2016-11-03
Genre: Law

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?

Bilateral Investment Treaties

Author: Kenneth J. Vandevelde
Publisher: Oxford University Press, USA
ISBN: STANFORD:36105134504898
Release Date: 2010
Genre: Law

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

Author: Todd Weiler
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004232235
Release Date: 2013-05-02
Genre: Law

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.

The Interpretation of Investment Treaties

Author: Trinh Hai Yen
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004274549
Release Date: 2014-06-06
Genre: Law

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.

Principles of International Investment Law

Author: Rudolf Dolzer
Publisher: OUP Oxford
ISBN: 9780191632136
Release Date: 2012-11-15
Genre: Law

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.

Treaty Interpretation in Investment Arbitration

Author: J Romesh Weeramantry
Publisher: OUP Oxford
ISBN: 9780191638176
Release Date: 2012-03-08
Genre: Law

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 _

Commentaries on Selected Model Investment Treaties

Author: Chester Brown
Publisher: Oxford University Press
ISBN: 9780199645190
Release Date: 2013-01-17
Genre: Law

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

Arbitral Awards As Investments

Author: Maximilian Clasmeier
Publisher: Kluwer Law International
ISBN: 9041183574
Release Date: 2017-01-11
Genre:

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.

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

Author: N. Jansen Calamita
Publisher: British Institute for International & Comparative Law
ISBN: 1905221509
Release Date: 2013
Genre: Law

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.

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

Author: Jan Ole Voss
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004192232
Release Date: 2010-12-10
Genre: Law

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 Foundations of International Investment Law

Author: Zachary Douglas
Publisher: OUP Oxford
ISBN: 9780191508585
Release Date: 2014-05-01
Genre: Law

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.

The Law of Investment Treaties

Author: Jeswald W. Salacuse
Publisher: Oxford University Press, USA
ISBN: 9780198703976
Release Date: 2015
Genre: Law

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

The First Bilateral Investment Treaties

Author: Kenneth J. Vandevelde
Publisher: Oxford University Press
ISBN: 9780190679590
Release Date: 2017-04-05
Genre: Law

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.