The interpretation of investment treaties / by Trinh Hai Yen.
Material type:
TextSeries: International litigation in practice ; v. 7 | International Litigation in Practice ; 7. | International Law E-Books Online, Collection 2014, ISBN: 9789004262461Publisher: Leiden ; Boston : Brill Nijhoff, 2014Description: 1 online resourceContent type: - text
- computer
- online resource
- 9789004274549
- 346/.092 23
- KNC747 .T75 2014
Based on author's thesis (doctoral - National University of Singapore), 2013.
Includes bibliographical references and index.
Preliminary Material -- Introduction -- Interpretive Problems of Traditional Investment Treaties and the Inconclusive Search For Causes and Solutions -- The Neglect and Misapplication of International Rules on Treaty Interpretation in Investment Treaty Arbitrations -- Rectifying the Neglect and Misapplication of International Rules on Treaty Interpretation -- A Preliminary Search for State Intent in the Emergence and Development of Investment Treaties -- Law-Making Options to Address the Interpretive Problems of Investment Treaties -- Controlling State Commitments in the ACIA Provisions -- Conclusion -- Appendix A Matrix of Means of Interpretation adopted by Arbitral Tribunals to Interpret Investment Treaties -- Appendix B List of Decisions and Awards Not in English -- Appendix C 2009 Asean Comprehensive Investment Agreement -- Bibliography -- Index.
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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.
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