Treaty Interpretation in Investment Arbitration by J. Romesh Weeramantry

Treaty Interpretation in Investment Arbitration

byJ. Romesh Weeramantry

Hardcover | March 22, 2012

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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 notyet 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 interpretationrules. 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 ofinterest to both practitioners and academics alike.Foreword by by Professor Michael Reisman, Yale Law School

About The Author

Romesh Weeramantry is an Associate Professor of Law at the City University of Hong Kong. Trained as a barrister in Australia, his professional experience includes work in international arbitration, dispute resolution and public international law at the Iran-United States Claims Tribunal (The Hague), the United Nations Compensation Com...
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Title:Treaty Interpretation in Investment ArbitrationFormat:HardcoverDimensions:216 pages, 9.69 × 6.73 × 0.94 inPublished:March 22, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199641471

ISBN - 13:9780199641475

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Table of Contents

1. IntroductionA: Overview2. Treaty Interpretation: History and BackgroundA: Pre-Vienna Convention Treaty Interpretation RulesB: Development of the Convention RulesC: Criticism of the Convention RulesD: Customary Status and FIAT Use of the Convention RulesE: Interpretation and Application DistinguishedF: Who May Interpret Treaties?G: What May be Interpreted by the Convention Rules?3. The General Rule of Treaty InterpretationA: IntroductionB: Article 31(1)C: Article 31(2)D: Article 31(3)E: Article 31(4)4. Supplementary Means of InterpretationA: Article 32B: Preparatory WorkC: Circumstances of a Treaty's ConclusionD: Confirming a MeaningE: Determining a Meaning5. Non-Codified Means of InterpretationA: IntroductionB: Use of Prior Awards and DecisionsC: Treaties, Instruments, or MaterialsD: Scholarly OpinionE: Inter-Temporal AspectsF: Principle of EffectivenessG: Legal Maxims6. Interpretation Jurisprudence Particular to Investment ArbitrationA: The AAP RulesB: Failure to Apply Convention RulesC: Unilateral Declarations Consenting to Investment ArbitrationD: Umbrella ClausesE: Most Favoured Nation ClausesF: Disclosure of Preparatory WorkG: Pro-Investor Bias in Interpreting Investment Treaties?H: Restrictive InterpretationI: Pre-Arbitration Waiting PeriodJ: Interpreting Silence7. ConclusionsA: Conclusions on FIAT Treaty Interpretation PracticeB: Suitability of Convention Rules for Investor-State DisputesC: Contribution of FIAT Practice to Internation LawAppendicesI: Analytical Tables of FIAT Treaty Interpretation PracticeII: Comparison between Articles 27-29 of the 1966 ILC Draft and Articles 31-33 of the Vienna ConventionIII: Comparative Table of Draft Treaty Interpretation RulesIV: Umbrella Clause Comparative TableV: Selected ICJ Decisions Confirming Customary Status of the Convention RulesVI: Other Selected International Decisions Confirming Customary Status of the Convention RulesVII: Selected Domestic Court Decisions Confirming Customary Status of the Convention Rules