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Treaty Interpretation in Investment Arbitration

Autor J Romesh Weeramantry
en Limba Engleză Hardback – 7 mar 2012
The rise of investment arbitration in the last decade has generated an unprecedented body of arbitral case law. The work of these arbitral tribunals has provided scholars and practitioners with public international law jurisprudence, including materials on treaty interpretation which has not yet been thoroughly analysed. This book evaluates the contribution of investment arbitration treaty interpretation jurisprudence to international law, covering all key aspects of treaty interpretation. Included in the book's coverage are awards which feature in prominent discussions or in applications of treaty interpretation rules. Among the significant portion of arbitral awards analysed, which deal with investment treaties, are ICSID awards, ad hoc investment arbitration awards, NAFTA awards, and Energy Charter Treaty awards. The extensive analysis of investment arbitration awards and decisions has also been used to create a table highlighting both the references to principles of treaty interpretation and instances in which they were rejected. This invaluable insight into the practice of investment tribunals will be of interest to both practitioners and academics alike.Foreword by by Professor Michael Reisman, Yale Law School _
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Specificații

ISBN-13: 9780199641475
ISBN-10: 0199641471
Pagini: 314
Dimensiuni: 175 x 252 x 24 mm
Greutate: 0.69 kg
Editura: Oxford University Press
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Recenzii

Very sensibly, Weeramantry takes the gold standard of Articles 31-33 VCLT seriously and bases his account of the specialist practice of treaty interpretation within investment arbitration on this generalist framework. Weeramantry has a very clear and informed understanding of these rules and explicates them extremely well on the background of meticulous research and a wealth of sources.
This is one of the principal advantages of the book: practitioners and arbitrators have an undeniably useful practical tool for quickly and easily identifying arbitral jurisprudence which supports a given method of treaty interpretation.
What makes the book practically remarkable is the study of 258 foreign investment arbitration awards, including BITs, Free Trade Agreements (FTAs) and other investment treaties, carried out by the author and elegantly provided in Tables in Appendix I of the book.
This invaluable insight into the practice of investment tribunals will be of interest to both practitioners and academics alike.

Notă biografică

Romesh Weeramantry is a Foreign Legal Consultant in the Hong Kong office of Clifford Chance and an Adjunct Professor at the University of Hong Kong. He specialises in complex arbitrations involving cross-border commercial or joint venture disputes and investment treaty claims. His publications include Treaty Interpretation in Investment Arbitration (OUP 2012); International Commercial Arbitration: An Asia- Pacific Perspective (CUP 2011). He is an editor of The Hong Kong Arbitration Ordinance: Commentary and Annotations (Sweet and Maxwell 2011); the Asian Dispute Review; and the Hong Kong White Book Arbitration and ADR volume. He is also a member of the editorial board of the ICSID Review.