The Effects of Umbrella Clauses: Their Relevance in Interpretation and in Practice
In: The Journal of World Investment & TradeSearch for other papers by Alperen Afşin Gözlügöl in
Current site
Google Scholar
Abstract
Umbrella clauses have sparked one of the great debates in international investment law as regards their proper construction. This article argues that a particular line of reasoning and interpretation appears to be unduly focusing on the effects of such clauses in the process of construing them. In other words, what seems to occur in the interpretation of umbrella clauses is that some tribunals, frightened by the far-reaching consequences, construe such clauses more narrowly. I call this phenomenon ‘adverse effects analysis’ and demonstrate that it is inconsistent with the proper construction of umbrella clauses in accordance with the rules of interpretation in the Vienna Convention on the Law of Treaties (VCLT). In this course, the effects of umbrella clauses in practice are also put forward along with an analysis of them under ‘manifest absurdity or unreasonableness test’ pursuant to Article 32(b) of VCLT.
Purchase
Buy instant access (PDF download and unlimited online access):
Institutional Login
Log in with Open Athens, Shibboleth, or your institutional credentials
Personal login
Log in with your brill.com account
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 1411 | 119 | 4 |
| Full Text Views | 230 | 35 | 3 |
| PDF Views & Downloads | 494 | 92 | 3 |
The Effects of Umbrella Clauses: Their Relevance in Interpretation and in Practice
In: The Journal of World Investment & TradeSearch for other papers by Alperen Afşin Gözlügöl in
Current site
Google Scholar
PubMed
Abstract
Umbrella clauses have sparked one of the great debates in international investment law as regards their proper construction. This article argues that a particular line of reasoning and interpretation appears to be unduly focusing on the effects of such clauses in the process of construing them. In other words, what seems to occur in the interpretation of umbrella clauses is that some tribunals, frightened by the far-reaching consequences, construe such clauses more narrowly. I call this phenomenon ‘adverse effects analysis’ and demonstrate that it is inconsistent with the proper construction of umbrella clauses in accordance with the rules of interpretation in the Vienna Convention on the Law of Treaties (VCLT). In this course, the effects of umbrella clauses in practice are also put forward along with an analysis of them under ‘manifest absurdity or unreasonableness test’ pursuant to Article 32(b) of VCLT.
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 1411 | 119 | 4 |
| Full Text Views | 230 | 35 | 3 |
| PDF Views & Downloads | 494 | 92 | 3 |