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Interpretive Problems of Traditional Investment Treaties and the Inconclusive Search For Causes and Solutions

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Chapter Summary

This chapter provides the literature on interpretive problems in investment treaty arbitrations. Criticisms focus on inconsistent and unintended interpretations of treaty terms. The chapter reviews discussions on the causes and suggested solutions to these problems. Despite the rich literature, the problems seem hidden due to controversial views, which has distracted attention and diverted critics to related but not right questions. Arbitral awards have been under strong attack for inconsistent, expansive or narrow interpretations. Inconsistent and unintended interpretations of arbitral tribunals have raised concern for states parties to investment treaties, the academia and practitioners. Commentators look for the causes in the treaty text, the structure and nature of investor-state arbitration and arbitral approaches to investors' rights and States' obligations under the treaties. Questions on the interpretive problems remain loom large over the future evolution of international investment law.

Keywords: arbitral awards; international investment law; interpretive problems; investment treaties; rich literature



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