TY  - BOOK
AU  - Trinh Hai Yen,
TI  - The interpretation of investment treaties
T2  - International litigation in practice
SN  - 9789004274549
AV  - KNC747 .T75 2014
U1  - 346/.092 23
PY  - 2014///
CY  - Leiden, Boston
PB  - Brill Nijhoff
KW  - ASEAN
KW  - Investments, Foreign
KW  - Law and legislation
KW  - Southeast Asia
KW  - International arbitration
KW  - Commercial treaties
KW  - Interpretation and construction
KW  - ASEAN Comprehensive Investment Agreement
N1  - 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; Available to subscribing member institutions only
N2  - 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
UR  - http://dx.doi.org/10.1163/9789004274549
ER  -