Overview

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 Foreword written by Professor Michael Reisman of Yale Law School   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. 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.

Full Product Details

Author:   J Romesh Weeramantry (Adjunct Professor, School of Law, City University of Hong Kong)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.50cm , Height: 2.40cm , Length: 25.20cm
Weight:   0.686kg
ISBN:  

9780199641475

ISBN 10:   0199641471
Pages:   314
Publication Date:   08 March 2012
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

1: IntroductionA: OverviewB: Relevant Treaty Law2: 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: ConclusionA: 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

Reviews

This invaluable insight into the practice of investment tribunals will be of interest to both practitioners and academics alike. ASA Bulletin

This is one of the principal advantages of the book: practitioners and arbitrators have an undeniably useful practical tool for quickly and easily identifying arbitral jurisprudence which supports a given method of treaty interpretation. Paris Journal of International Arbitration This invaluable insight into the practice of investment tribunals will be of interest to both practitioners and academics alike. ASA Bulletin

Very sensibly, Weeramantry takes the gold standard of Articles 31-33 VCLT seriously and bases his account of the specialist practice of treaty interpretation within investment arbitration on this generalist framework. Weeramantry has a very clear and informed understanding of these rules and explicates them extremely well on the background of meticulous research and a wealth of sources. * Eirik Bjorge, The Journal of World investment and Trade * This is one of the principal advantages of the book: practitioners and arbitrators have an undeniably useful practical tool for quickly and easily identifying arbitral jurisprudence which supports a given method of treaty interpretation. * Paris Journal of International Arbitration * What makes the book practically remarkable is the study of 258 foreign investment arbitration awards, including BITs, Free Trade Agreements (FTAs) and other investment treaties, carried out by the author and elegantly provided in Tables in Appendix I of the book. * International Arbitration * This invaluable insight into the practice of investment tribunals will be of interest to both practitioners and academics alike. * ASA Bulletin *

This is one of the principal advantages of the book: practitioners and arbitrators have an undeniably useful practical tool for quickly and easily identifying arbitral jurisprudence which supports a given method of treaty interpretation. Paris Journal of International Arbitration What makes the book practically remarkable is the study of 258 foreign investment arbitration awards, including BITs, Free Trade Agreements (FTAs) and other investment treaties, carried out by the author and elegantly provided in Tables in Appendix I of the book. International Arbitration This invaluable insight into the practice of investment tribunals will be of interest to both practitioners and academics alike. ASA Bulletin

Author Information

Romesh Weeramantry is a Foreign Legal Consultant in the Hong Kong office of Clifford Chance and an Adjunct Professor at the University of Hong Kong. He specialises in complex arbitrations involving cross-border commercial or joint venture disputes and investment treaty claims. His publications include Treaty Interpretation in Investment Arbitration (OUP 2012); International Commercial Arbitration: An Asia- Pacific Perspective (CUP 2011). He is an editor of The Hong Kong Arbitration Ordinance: Commentary and Annotations (Sweet and Maxwell 2011); the Asian Dispute Review; and the Hong Kong White Book Arbitration and ADR volume. He is also a member of the editorial board of the ICSID Review.

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