Suchergebnisse

Abstract
The International Law Commission adopted the Articles on the Responsibility of States for Internationally Wrongful Acts in 2001, when there had been fewer than 100 recorded investment claims. Since then, there has been a significant rise in the number of investment treaty arbitration cases. This article considers how the ILC Articles have been used by investment treaty tribunals to analyse issues of State responsibility in investment treaty claims. The article summarises key trends concerning the use of the ILC Articles in investment treaty arbitration. It addresses the application of the ILC Articles in investment disputes, the role given to the ILC Articles in determining questions of attribution, the influence of the ILC Articles for the analysis of temporal issues, and the role of the ILC Articles in determining matters of reparation and contributory fault. The article is accompanied by a lengthy case appendix which summarises references by investment treaty tribunals to the ILC Articles from 2010–2020.

Abstract
Materials produced during the negotiation of treaties, commonly called travaux préparatoires ('travaux'), are given formal significance as a 'supplementary means' of treaty interpretation under article 32 of the Vienna Convention on the Law of Treaties (VCLT). Travaux present both risks and opportunities for treaty interpretation, and international adjudicators have differed in how they define the rationale for referring to travaux, how they use these materials, and even more fundamentally, what materials they classify as travaux. This article proposes a methodology to guide the more structured identification and use of travaux. Under the proposed sliding scale approach, treaty interpreters assess the utility of material to the interpretive exercise by reference to its precise qualitative features and the context of interpretation, rather than by categorizing materials as 'travaux' or not. The article uses the interpretation of investment treaties in investor-state arbitration as a case study to illustrate the proposed approach and its utility. The discussion, including the proposed sliding scale approach, is nonetheless equally relevant for interpreting all manner of treaties.

The Vienna Convention on the Law of Treaties in Investor-State Disputes: History, Evolution and Future is the first consolidated analysis of how the Vienna Convention on the Law of Treaties (VCLT) has informed the interpretation, application and development of international investment law and the resolution of investor-State disputes. Over the past several decades, the VCLT – the 'treaty on treaties' – has achieved a rich and nuanced track record of influence in international investment law, including in the context of investment treaty arbitration. This book demonstrates how approaches to key issues of treaty law in investment treaty arbitration diverge or converge from the VCLT and approaches of other international courts, as well as the lessons that investment treaty arbitration could derive from – or even offer for – the interpretation and application of the VCLT rules in other settings.The editors have curated diverse and thought-provoking contributions from around the world to offer a variety of perspectives on the nexus between the VCLT, international investment law and investor-State dispute settlement (ISDS). By revisiting the role that the VCLT has played in the development of this field of law, this invaluable book unlocks insights into how the VCLT might be used to support international investment law into the future, including its development, reform and use for the resolution of the next generation of investor-State disputes. The insights and analyses contained in the book's twenty-one chapters consider aspects such as the role of the VCLT for: interpretation of more specific approaches to treaty law drafted by treaty negotiators; treaty application in circumstances of contested State territory or succession challenges; temporal challenges arising in treaty interpretation; the status of bilateral investment treaties between European Union Member States and related termination endeavours; questions concerning the validity, termination and amendment of investment treaties, including as part of ongoing ISDS reform processes; current multilateral reform proposals, including the possibility of an appellate mechanism or a multilateral investment court; grappling with the challenge of fragmentation in international investment law, including the role of prior decisions in treaty interpretation, the challenges introduced by treaty conflict and the multitude of approaches that may be taken by national courts when implementing treaties like the New York Convention; and treaty interpretation and drafting as aided by emerging technologies, such as data analytics, machine learning, smart contracts and blockchain. The book's appendix provides a highly valuable tabular summary of ISDS arbitral practice relating to the VCLT, collating key references from over 350 different procedural orders, decisions and awards.This book is essential reading for a variety of stakeholders, including arbitrators, counsel, scholars and government officials, who will benefit from the in-depth and practical analysis of the VCLT's relevance to and impact on investment law and investor-State arbitration. The book highlights the VCLT's central role in how investor-State disputes will be addressed in the coming years and what can be expected in this area of the law in the future. This book will prove to be an essential tool to understanding the advantages and disadvantages of differing approaches to the law of treaties for ISDS advocacy and scholarship