interpretation of international investment treaties

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Interpretation Of International Investment Treaties

Author : Tarcisio Gazzini
ISBN : 9781782255659
Genre : Law
File Size : 44. 42 MB
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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?

Bilateral Investment Treaties

Author : Kenneth J. Vandevelde
ISBN : 9780199888146
Genre : Law
File Size : 49. 90 MB
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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

Author : Todd Weiler
ISBN : 9789004232235
Genre : Law
File Size : 85. 98 MB
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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.

The Interpretation Of Investment Treaties

Author : Trinh Hai Yen
ISBN : 9789004274549
Genre : Law
File Size : 53. 92 MB
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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.

Principles Of International Investment Law

Author : Rudolf Dolzer
ISBN : 9780191632136
Genre : Law
File Size : 77. 4 MB
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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 Impact Of Investment Treaties On Contracts Between Host States And Foreign Investors

Author : Jan Ole Voss
ISBN : 9789004192232
Genre : Law
File Size : 32. 61 MB
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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. ?????

Law And Practice Of Investment Treaties

Author : Andrew Paul Newcombe
ISBN : 9789041123510
Genre : Political Science
File Size : 74. 97 MB
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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.

The Foundations Of International Investment Law

Author : Zachary Douglas
ISBN : 9780191508585
Genre : Law
File Size : 22. 52 MB
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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.

Investment Treaty Law

Author : Federico Ortino
ISBN : 9781905221080
Genre : Business & Economics
File Size : 44. 19 MB
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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.

Commentaries On Selected Model Investment Treaties

Author : Chester Brown
ISBN : 9780199645190
Genre : Law
File Size : 32. 32 MB
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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

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