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The Interpretation of Investment Treaties


ISBN13: 9789004274532
Published: June 2014
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £108.00



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Within the context of an exponential proliferation of investment treaties with virtually uniform language and structure, The Interpretation of Investment Treaties by Trinh Hai Yen reveals the neglect or misapplication of international rules on treaty interpretation by tribunals in arbitral cases. Such practice has raised the question of the legitimacy of the interpretative process and the engendered inconsistent interpretations of investment treaties.

The book proposes three interpretative approaches aimed at ensuring that adjudicators find legitimate meaning in the challenging generality and vagueness of investment treaty language. It also provides a comprehensive analysis of legislative solutions for states through a case study of the ASEAN Comprehensive Investment Agreement, as well as a comparative analysis of modern and traditional investment treaties.

Subjects:
International Investment Law
Contents:
INTRODUCTION
CHAPTER I INTERPRETIVE PROBLEMS OF TRADITIONAL INVESTMENT TREATIES AND THE INCONCLUSIVE SEARCH FOR CAUSES AND SOLUTIONS
1. Inconsistent and unintended interpretations of investment treaty terms
2. Diagnosed causes and suggested solutions
Conclusion
CHAPTER II THE NEGLECT AND MISAPPLICATION OF INTERNATIONAL RULES ON TREATY INTERPRETATION IN INVESTMENT TREATY ARBITRATIONS
1. Legal basis and overview of the arbitral use of interpretive tools in interpreting investment treaties
2. Arbitral neglect and misapplication of interpretation rules
Conclusion
CHAPTER III RECTIFYING THE NEGLECT AND MISAPPLICATION OF INTERNATIONAL RULES ON TREATY INTERPRETATION
1. Proposed approaches to rectify the problematic methodologies in interpreting investment treaties
2. Illustrations on the need and possible effects of the proposed approaches
3. Relevance of restrictive interpretation and the no-restriction presumption principle in international investment law
Conclusion
CHAPTER IV A PRELIMINARY SEARCH FOR STATE INTENT IN THE EMERGENCE AND DEVELOPMENT OF INVESTMENT TREATIES
1. Existing international regulation on foreign investment before the emergence of investment treaties
2. Where the minds of proponents and opponents of investment treaties meet
3. A case study: Incorporation of the provisions on investor-state arbitration in investment treaties
Conclusion
CHAPTER V LAW-MAKING OPTIONS TO ADDRESS THE INTERPRETIVE PROBLEMS OF INVESTMENT TREATIES
1. Costs and benefits of signing investment treaties
2. Available law-making options for states
3. The ASEAN countries’ choice of a renegotiated regional treaty
Conclusion
CHAPTER VI CONTROLLING STATE COMMITMENTS IN THE ACIA PROVISIONS
1. Clarifying the coverage of the ACIA benefits
2. Controlling state commitments in the ACIA substantive provisions
3. Controlling state commitments in the ACIA procedural provisions
Conclusion
CONCLUSION;
BIBLIOGRAPHY;