Franklin

The interpretation of investment treaties / by Trinh Hai Yen.

Author/Creator:
Trinh Hai Yen, author.
Publication:
Leiden, Netherlands : Brill Nijhoff, 2014.
Series:
International litigation in practice ; Volume 7.
International Litigation in Practice, 1874-0502 ; Volume 7
Format/Description:
Book
1 online resource (408 p.)
Subjects:
Investments, Foreign -- Law and legislation -- Southeast Asia.
Arbitration (International law) -- Southeast Asia.
Southeast Asia -- Commercial treaties -- Interpretation and construction.
ASEAN.
Form/Genre:
Electronic books.
Language:
English
Summary:
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.
Contents:
Preliminary Material
Introduction
Interpretive Problems of Traditional Investment Treaties and the Inconclusive Search For Causes and Solutions
The Neglect and Misapplication of International Rules on Treaty Interpretation in Investment Treaty Arbitrations
Rectifying the Neglect and Misapplication of International Rules on Treaty Interpretation
A Preliminary Search for State Intent in the Emergence and Development of Investment Treaties
Law-Making Options to Address the Interpretive Problems of Investment Treaties
Controlling State Commitments in the ACIA Provisions
Conclusion
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
Bibliography
Index.
Notes:
Based on author's thesis (doctoral - National University of Singapore), 2013.
Includes bibliographical references and index at the end of each chapters.
Description based on print version record.
ISBN:
90-04-27454-5
Publisher Number:
10.1163/9789004274549 DOI
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