Save

An Analysis of the Interpretation of the Territorial Requirement in Investment Treaties by Arbitral Tribunals and the Vienna Convention on the Law of Treaties

In: The Journal of World Investment & Trade
Author:
Roberto Castro de Figueiredo Independent arbitrator and expert London United Kingdom

Search for other papers by Roberto Castro de Figueiredo in
Current site
Google Scholar
PubMed
Close
Download Citation Get Permissions

Access options

Get access to the full article by using one of the access options below.

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institution

Purchase

Buy instant access (PDF download and unlimited online access):

$40.00

Abstract

This article analyses the interpretation by arbitral tribunals of investment treaties’ provisions on the territoriality of the investment and its consistency with the general rule of interpretation of the Vienna Convention on the Law of Treaties. The first section focuses on the decisions rendered in Bayview and Canadian Cattlemen, where the tribunals inferred the existence of a territorial requirement not expressed in NAFTA’s Chapter Eleven. The second section deals with the decisions rendered in Fedax, Abaclat and Ambiente Ufficio, where the tribunals decided that, in cases concerning financial transactions, it was not necessary for the investment to be actually made in the territory of the respondent State even if the investment treaty expressly required the investment to made in the territory of the State. The article concludes that the tribunals misapplied the general rule of interpretation of the Vienna Convention on the Law of Treaty in these cases.

Content Metrics

All Time Past 365 days Past 30 Days
Abstract Views 217 217 24
Full Text Views 31 31 1
PDF Views & Downloads 141 141 22