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Vol 21 No 10 Oct/Nov 2016

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Treaty Interpretation in Investment Arbitration (eBook)


ISBN13: 9780191638176
Published: March 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £114.58 + £22.92 VAT
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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.

Subjects:
eBooks, Arbitration and Dispute Resolution, International Investment Law
Contents:
1: Overview
2: Treaty Interpretation
3: The General Rule of Treaty Interpretation
4: Supplementary Means of Interpretation
5: Other Means of Interpretation
6: Interpretation Issues Particular to Investment Arbitration
7: Conclusions
Appendices
I: Investment Arbitration Treaty Interpretation Practice Table
II: Analytical Table of Treaty Interpretation Practice
III: Comparison between Articles 27-29 of the 1966 ILC Draft and Articles 31-33 of the Vienna Convention
IV: Comparative Table of Draft Treaty Interpretation Rules
V: Umbrella Clause Comparative Table
VI: Selected ICJ Pronouncements Confirming Customary Status of the Convention Rules
VII: Other Selected International Decisions Confirming Customary Status of the Convention Rules
VIII: Selected Domestic Court Decisions Confirming Customary Status of the Convention Rules;

Series: Oxford International Arbitration Series

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