The Interpretation of Investment Treaties

ISBN: 9789004274532 出版年：2014 页码：408 Trinh Hai Yen Brill

ACKNOWLEDGEMENTS LIST OF ABBREVIATIONS Table of cases INTRODUCTION CHAPTER I INTERPRETIVE PROBLEMS OF TRADITIONAL INVESTMENT TREATIES AND THE INCONCLUSIVE SEARCH FOR CAUSES AND SOLUTIONS 1. Inconsistent and unintended interpretations of investment treaty terms 2. Diagnosed causes and suggested solutions Conclusion CHAPTER II THE NEGLECT AND MISAPPLICATION OF INTERNATIONAL RULES ON TREATY INTERPRETATION IN INVESTMENT TREATY ARBITRATIONS 1. Legal basis and overview of the arbitral use of interpretive tools in interpreting investment treaties 2. Arbitral neglect and misapplication of interpretation rules Conclusion CHAPTER III RECTIFYING THE NEGLECT AND MISAPPLICATION OF INTERNATIONAL RULES ON TREATY INTERPRETATION 1. Proposed approaches to rectify the problematic methodologies in interpreting investment treaties 2. Illustrations on the need and possible effects of the proposed approaches 3. Relevance of restrictive interpretation and the no-restriction presumption principle in international investment law Conclusion CHAPTER IV A PRELIMINARY SEARCH FOR STATE INTENT IN THE EMERGENCE AND DEVELOPMENT OF INVESTMENT TREATIES 1. Existing international regulation on foreign investment before the emergence of investment treaties 2. Where the minds of proponents and opponents of investment treaties meet 3. A case study: Incorporation of the provisions on investor-state arbitration in investment treaties Conclusion CHAPTER V LAW-MAKING OPTIONS TO ADDRESS THE INTERPRETIVE PROBLEMS OF INVESTMENT TREATIES 1. Costs and benefits of signing investment treaties 2. Available law-making options for states 3. The ASEAN countries' choice of a renegotiated regional treaty Conclusion CHAPTER VI CONTROLLING STATE COMMITMENTS IN THE ACIA PROVISIONS 1. Clarifying the coverage of the ACIA benefits 2. Controlling state commitments in the ACIA substantive provisions 3. Controlling state commitments in the ACIA procedural provisions Conclusion CONCLUSION BIBLIOGRAPHY 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