Treaty Interpretation in Investment Arbitration

Author: J Romesh Weeramantry
Publisher: Oxford University Press
ISBN: 9780199641475
Published In: March 2012
Format: Hardback , 312 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Comprehensively examines the entire spectrum of treaty interpretation issues associated with investment arbitration
Makes accessible a substantial body of relevant jurisprudence for the first time
Compares the interpretative practice of investment arbitration tribunals with the practice of other international tribunals and evaluates the contribution of the jurisprudence to international law
Appendix materials offer practical assistance and include comparative tables demonstrating the application of treaty interpretation principles by investment tribunals

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 not yet 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 interpretation rules. 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 of interest to both practitioners and academics alike.

Foreword by by Professor Michael Reisman, Yale Law School _

Readership: Legal practitioners specialising in investment arbitration; public interest groups concerned with international investment law; international bodies or organisations dealing with investment arbitration; government lawyers involved with international treaties or international arbitration; academics, academic libraries and postgraduate students with an interest in international arbitration and public international law.

1: Introduction
A: Overview
B: Relevant Treaty Law
2: Treaty Interpretation: History and Background
A: Pre-Vienna Convention Treaty Interpretation Rules
B: Development of the Convention Rules
C: Criticism of the Convention Rules
D: Customary Status and FIAT Use of the Convention Rules
E: Interpretation and Application Distinguished
F: Who May Interpret Treaties?
G: What May be Interpreted by the Convention Rules?
3: The General Rule of Treaty Interpretation
A: Introduction
B: Article 31(1)
C: Article 31(2)
D: Article 31(3)
E: Article 31(4)
4: Supplementary Means of Interpretation
A: Article 32
B: Preparatory Work
C: Circumstances of a Treaty's Conclusion
D: Confirming a Meaning
E: Determining a Meaning
5: Non-Codified Means of Interpretation
A: Introduction
B: Use of Prior Awards and Decisions
C: Treaties, Instruments, or Materials
D: Scholarly Opinion
E: Inter-Temporal Aspects
F: Principle of Effectiveness
G: Legal Maxims
6: Interpretation Jurisprudence Particular to Investment Arbitration
A: The AAP Rules
B: Failure to Apply Convention Rules
C: Unilateral Declarations Consenting to Investment Arbitration
D: Umbrella Clauses
E: Most Favoured Nation Clauses
F: Disclosure of Preparatory Work
G: Pro-Investor Bias in Interpreting Investment Treaties?
H: Restrictive Interpretation
I: Pre-Arbitration Waiting Period
J: Interpreting Silence
7: Conclusion
A: Conclusions on FIAT Treaty Interpretation Practice
B: Suitability of Convention Rules for Investor-State Disputes
C: Contribution of FIAT Practice to Internation Law
Appendices
I: Analytical Tables of FIAT Treaty Interpretation Practice
II: Comparison between Articles 27-29 of the 1966 ILC Draft and Articles 31-33 of the Vienna Convention
III: Comparative Table of Draft Treaty Interpretation Rules
IV: Umbrella Clause Comparative Table
V: Selected ICJ Decisions Confirming Customary Status of the Convention Rules
VI: Other Selected International Decisions Confirming Customary Status of the Convention Rules
VII: Selected Domestic Court Decisions Confirming Customary Status of the Convention Rules

J Romesh Weeramantry, Assistant Professor, School of Law, City University of Hong Kong

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 Commission (Geneva) and at a leading Swiss law firm. As an independent consultant, his client work has involved preparing legal opinions and memoranda for international organisations, including the United Nations Commission on Trade and Development (UNCTAD). He has also trained government officials from a number of countries on arbitration and foreign investment law. He was a founding Co-Chair of the Australasian Forum for International Arbitration (AFIA) and has been a Special Associate at the Australian Centre for International Commercial Arbitration (ACICA).