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Interpretation of International Investment Treaties (Hardcover)
Loot Price: R4,176
Discovery Miles 41 760
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Interpretation of International Investment Treaties (Hardcover)
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This book offers a systematic study of the interpretation of
investment-related treaties - primarily bilateral investment
treaties, the Energy Charter Treaty, Chapter XI NAFTA as well as
relevant parts of Free Trade Agreements. The importance of
interpretation in international law cannot be overstated and,
indeed, most treaty claims adjudicated before investment arbitral
tribunals have raised and continue to raise crucial and often
complex issues of interpretation. The interpretation of investment
treaties is governed by the Vienna Convention on the Law of
Treaties (VCLT). The disputes relating to these treaties, however,
are rather peculiar as they place multinational companies (or
natural person) in opposition to sovereign governments. Fundamental
questions dealt with in the study include: Are investment treaties
a special category of treaty for the purpose of interpretation? How
have the rules on interpretation contained in the VCLT been applied
in investment disputes? What are the main problems encountered in
investment-related disputes? To what extent are the VCLT rules
suited to the interpretation of investment treaties? Have tribunals
developed new techniques concerning treaty interpretation? Are
these techniques consistent with the VCLT? How can problems
relating to interpretation be solved or minimised? How creative
have arbitral tribunals been in interpreting investment treaties?
Are States capable of keeping effective control over
interpretation?
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