Treaty interpretation is one of the most important aspects of international investment law research. Listed below are secondary sources that provide informed commentary on the interpretation of investment treaties.
Identifies six core principles underlying investment treaties (reasonableness, non-discrimination, access, transparency, and due process) and analyzes how specific treaty provisions promote these principles.
Analyzes state practice with respect to the negotiation of investment treaties and the development of model BITs. Includes commentary on model BITs from 16 jurisdictions, encompassing capital-exporting states as well as capital-importing states. Coverage also extends to the North American Free Trade Agreement, whose chapter on foreign direct investment has served as a model for trade negotiators.
Provides article-by-article analysis of the ICSID Convention, incorporating not just the text, but also the travaux preparatoires (the official record of the negotiations), rules and regulations adopted under the convention, the practices of arbitral tribunals, and academic writings about the convention.
Explores the complex interplay between investor protections in investment treaties and investor protections in contracts between foreign investors and host states. Examines both the jurisprudence of investment treaty interpretation and the sometimes conflicting legal concepts applied by arbitral tribunals. Includes a table of cited cases.
This collection of essays begins with an examination of the evolution of international investment treaty practice in particular jurisdictions. Subsequent essays explore how the drafting of investment treaties can be improved to better promote efficiency, legitimacy, and the sustainability of economic development.
Fundamental questions dealt with in the study include: Are investment treaties a special category of treaty for the purpose of interpretation? To what extent are the Vienna Convention rules suited to the interpretation of investment treaties? Have tribunals developed new techniques concerning treaty interpretation? Are these techniques consistent with the Vienna Convention? How creative have arbitral tribunals been in interpreting investment treaties?
Examines the origins, structure, contents, and effects of investment treaties as a new and rapidly developing body of law. Topics covered include the scope and application of investment treaties, general treatment standards, the treatment of monetary transfers and state obligations, protections against expropriation and nationalization, as well as treaty modification and termination.
Considers the application of the "temporal rule" to investment treaty disputes, examining the circumstances under which a host state may be held liable for breaching a treaty through continuing or composite actions that began prior to the treaty's ratification or entry into force.
Examines the conflicts between international investment law and human rights law, environmental law, and EU law, all of which are also primarily premised on treaties. Great normative ambivalence ensues, posing serious challenges to the legitimacy and utility of the investor-State arbitral system.
Provides an authoritative overview of the development of the American BIT program in its historical context, including analysis of each provision of the model agreements used for investment treaty negotiation. The author also explores how individual treaties differ from the model negotiating texts.