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Treaty Interpretation in Investment Arbitration by Weeramantry, J. Romesh (8th March 2012)

1 Introduction

From: Treaty Interpretation in Investment Arbitration

J. Romesh Weeramantry

Treaty provisions — Arbitral tribunal — Overseas Private Investment Corporation (OPIC)
1.01 Most international adjudications involving States feature disputes that concern the meaning of treaty provisions. 1 This phenomenon is in large measure attributable to the imperfections of language and the ineffable quality of human interaction. Practical necessity has thus dictated that principles or rules 2 of treaty interpretation assume an important role resolving differences between States and, increasingly, between States and private investors. Notwithstanding their practical importance, treaty interpretation rules have not developed—and are unlikely...
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