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Appendix I Analytical Tables of FIAT Treaty Interpretation Practice »
From: Treaty Interpretation in Investment ArbitrationJ. Romesh Weeramantry
Appendix III Comparative Table of Draft Treaty Interpretation Rules »
From: Treaty Interpretation in Investment ArbitrationJ. Romesh Weeramantry
Appendix II Comparison between Articles 27–29 of the 1966 ILC Draft and Articles 31–33 of the Vienna Convention »
From: Treaty Interpretation in Investment ArbitrationJ. Romesh Weeramantry
7 Conclusion »
From: Treaty Interpretation in Investment ArbitrationJ. Romesh Weeramantry
7.01 In this final chapter, Section A draws conclusions from the main body of the book as to the treaty interpretation practice of FIATs. It then proceeds in Section B to assess whether the Convention Rules are suitable for application in investor–State treaty disputes. Section C concludes the book with an evaluation of the contribution of FIAT treaty interpretation jurisprudence to international law. 7.02 The overall conclusion to be drawn from the awards reviewed for this book is that most FIATs recognize the Convention Rules as the applicable law for...
General Editor’s Preface »
From: Treaty Interpretation in Investment ArbitrationJ. Romesh Weeramantry
3 The General Rule of Treaty Interpretation »
From: Treaty Interpretation in Investment ArbitrationJ. Romesh Weeramantry
3.01 This chapter studies the application by FIATs of each provision of the ‘general rule’ of interpretation contained in Article 31 of the Vienna Convention. Following a general introduction in Section A, Section B proceeds to examine FIAT treaty interpretation practice relating to good faith, ordinary meaning, context, and object and purpose—the four main criteria contained in the all-important first paragraph of Article 31. Section C deals with FIAT practice in relation to Article 31(2), which provides an elaboration of ‘context’ in treaty interpretation....
6 Interpretation Jurisprudence Particular to Investment Arbitration »
From: Treaty Interpretation in Investment ArbitrationJ. Romesh Weeramantry
6.01 The present chapter highlights some unique or notable aspects of FIAT jurisprudence relating to the book’s subject matter. Section A explores the pre-Convention Rules formulated by the AAP tribunal. Section B examines the failure of FIATs to apply the Convention Rules or misapplications of those Rules. Section C studies the means by which FIATs interpret unilateral declarations of States consenting to ICSID arbitration. Sections D and E analyse the divergent FIAT interpretations of umbrella clauses and most favoured nation clauses. Section F draws attention...
1 Introduction »
From: Treaty Interpretation in Investment ArbitrationJ. Romesh Weeramantry
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 rules2 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 ever...
5 Non-Codified Means of Interpretation »
From: Treaty Interpretation in Investment ArbitrationJ. Romesh Weeramantry
5.01 This chapter concerns techniques of treaty interpretation that are not specifically referred to in the Convention Rules. Subsequent to a general introduction in Section A, the chapter examines how the treaty interpretation process utilizes international court decisions and arbitral awards (Section B), treaties or international instruments (Section C), scholarly opinion (Section D), the principle of effectiveness (Section F), and legal maxims (Section G). Section E deals with inter-temporal aspects relevant to treaty interpretation. 5.02 All major criteria...
Appendix VI Other Selected International Decisions Confirming Customary Status of the Convention Rules »
From: Treaty Interpretation in Investment ArbitrationJ. Romesh Weeramantry
Appendix VII Selected Domestic Court Decisions Confirming Customary Status of the Convention Rules »
From: Treaty Interpretation in Investment ArbitrationJ. Romesh Weeramantry
Appendix V Selected ICJ Decisions Confirming Customary Status of the Convention Rules »
From: Treaty Interpretation in Investment ArbitrationJ. Romesh Weeramantry
4 Supplementary Means of Interpretation »
From: Treaty Interpretation in Investment ArbitrationJ. Romesh Weeramantry
4.01 Having discussed the Vienna Convention Article 31 ‘general rule’ of interpretation in Chapter 3, this chapter turns to examine the use of supplementary means to interpret treaties as provided for in Article 32. Section A introduces that provision, following which Section B discusses the role of preparatory work in interpretation. Sections C and D cover, respectively, the use of supplementary means to confirm or determine a meaning. Also relevant to this chapter are Appendices II and III infra, which provide a guide to the drafting history of Article 32....
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