Roberts, Anthea (2010) Power and persuasion in investment treaty interpretation. American Journal of International Law, 104 (2). pp. 179-225. ISSN 0002-9300
Abstract
A key problem in the investment treaty field is that the balance of interpretive power between treaty parties and tribunals is askew. States entering into investment treaties establish dual roles for themselves as treaty parties (with an interest in interpretation) and actual or potential respondents in investor-state disputes (with an interest in avoiding liability). By viewing states primarily as respondents rather than also as treaty parties, investment tribunals often overlook or undervalue the relevance of the treaty parties' subsequent agreements and practice. This article seeks to redress this imbalance by proposing an interpretive approach that takes better account of such evidence
| Item Type: | Article |
|---|---|
| Official URL: | http://www.asil.org/ajil.cfm |
| Additional Information: | © 2010 The American Society of International Law |
| Uncontrolled Keywords: | investment, investment treaties, interpretation, interpretive balance, balance of power, subsequent agreements, subsequent practice, VCLT, Vienna Convention on the Law of Treaties, Free Trade Commission, FTC, delegation, dialogue, agency, trustee, human rights, duality, dual roles, exit, voice, ISI |
| Library of Congress subject classification: | K Law > K Law (General) |
| Sets: | Departments > Law |
| Rights: | http://www.lse.ac.uk/library/rights/LSERO.htm |
| Identification Number: | UT ISI:000279736400001 |
| URL: | http://eprints.lse.ac.uk/28972/ |
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