The Interpretation of Investment Treaties

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Within the context of an exponential proliferation of investment treaties with virtually uniform language and structure, The Interpretation of Investment Treaties by Trinh Hai Yen reveals the neglect or misapplication of international rules on treaty interpretation by tribunals in arbitral cases. Such practice has raised the question of the legitimacy of the interpretative process and the engendered inconsistent interpretations of investment treaties.

The book proposes three interpretative approaches aimed at ensuring that adjudicators find legitimate meaning in the challenging generality and vagueness of investment treaty language. It also provides a comprehensive analysis of legislative solutions for states through a case study of the ASEAN Comprehensive Investment Agreement, as well as a comparative analysis of modern and traditional investment treaties.
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Table of contents

ACKNOWLEDGEMENTS

LIST OF ABBREVIATIONS

Table of cases

INTRODUCTION

CHAPTER I INTERPRETIVE PROBLEMS OF TRADITIONAL INVESTMENT TREATIES AND THE INCONCLUSIVE SEARCH FOR CAUSES AND SOLUTIONS
1. Inconsistent and unintended interpretations of investment treaty terms
2. Diagnosed causes and suggested solutions
Conclusion

CHAPTER II THE NEGLECT AND MISAPPLICATION OF INTERNATIONAL RULES ON TREATY INTERPRETATION IN INVESTMENT TREATY ARBITRATIONS
1. Legal basis and overview of the arbitral use of interpretive tools in interpreting investment treaties
2. Arbitral neglect and misapplication of interpretation rules
Conclusion

CHAPTER III RECTIFYING THE NEGLECT AND MISAPPLICATION OF INTERNATIONAL RULES ON TREATY INTERPRETATION
1. Proposed approaches to rectify the problematic methodologies in interpreting investment treaties
2. Illustrations on the need and possible effects of the proposed approaches
3. Relevance of restrictive interpretation and the no-restriction presumption principle in international investment law
Conclusion

CHAPTER IV A PRELIMINARY SEARCH FOR STATE INTENT IN THE EMERGENCE AND DEVELOPMENT OF INVESTMENT TREATIES
1. Existing international regulation on foreign investment before the emergence of investment treaties
2. Where the minds of proponents and opponents of investment treaties meet
3. A case study: Incorporation of the provisions on investor-state arbitration in investment treaties
Conclusion

CHAPTER V LAW-MAKING OPTIONS TO ADDRESS THE INTERPRETIVE PROBLEMS OF INVESTMENT TREATIES
1. Costs and benefits of signing investment treaties
2. Available law-making options for states
3. The ASEAN countries’ choice of a renegotiated regional treaty
Conclusion

CHAPTER VI CONTROLLING STATE COMMITMENTS IN THE ACIA PROVISIONS
1. Clarifying the coverage of the ACIA benefits
2. Controlling state commitments in the ACIA substantive provisions
3. Controlling state commitments in the ACIA procedural provisions
Conclusion

CONCLUSION
BIBLIOGRAPHY
APPENDIX A MATRIX OF MEANS OF INTERPRETATION ADOPTED BY ARBITRAL TRIBUNALS TO INTERPRET INVESTMENT TREATIES
APPENDIX B LIST OF DECISIONS AND AWARDS NOT IN ENGLISH
APPENDIX C 2009 ASEAN COMPREHENSIVE INVESTMENT AGREEMENT

Readership

Scholars and students of public international law, particularly those are interested in international investment law, international arbitration and treaty law, and practitioners, government lawyers and policy-makers dealing with investor-state arbitration and investment treaty negotiation.

Index Card

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