条约
税收协定
政治学
法学
惯例
维也纳条约法公约
法律与经济学
口译(哲学)
双边投资条约
投资(军事)
标识
DOI:10.1163/9789004274549_004
摘要
This chapter analyzes all the published arbitral decisions, including both jurisdictional decisions and final awards, as of 31 December 2012, to achieve a comprehensive assessment of their interpretational methods. It first studies the legal basis for treaty interpretation and provides an overview of the significance and application of interpretational means in all publicly available decisions. The chapter points out the problems in the arbitral approach and use of interpretive tools. Firstly, arbitral tribunals have disregarded all or the basic interpretive tools required under international law. Secondly, a large number of decisions and awards have showed an over reliance on supplementary means of interpretation: judicial decisions and scholarly writings. Finally, they have read the object and purpose of investment treaties too liberally to justify pro-investor interpretations. Subjective determination of laws is dependent on individual arbitrators, who may have divergent positions on legal issues.Keywords: arbitral tribunals; international law; interpretational methods; jurisdictional decisions; pro-investor interpretations
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