You are currently viewing the statements in a list. To view them in their context,
click here.
You are currently viewing the statements in their context. To view them in a list, click
here.
While different tribunals should seek to act consistently with one another, there is no doctrine of precedent
If the provisions of the IIT clearly reflect an intention by the parties to restrict jurisdiction in a specific way, an MFN clause cannot overcome this restriction
A tribunal has the power to rule on its own jurisdiction (kompetenz-kompetenz)
- Investment Treaty Arbitration > Jurisdiction > The Tribunal's Rights and Duties
- UNCITRAL Arbitration Rules 1976 > Article 21
There is no principle of extensive or restrictive interpretation of jurisdictional provisions in treaties
It depends on the IIT whether an MFN clause is limited to substantive guarantees
Although not expressly mentioned in the VCLT, the principle expressio unius est exclusio alterius may be relevant within an contextual interpretation
- International Investment Treaties (IITs) > International Law Rules Applicable to IITs > Law of Treaties > Rules of Interpretation > Interpretation in the Context of the Treaty
- Vienna Convention on the Law of Treaties > Article 31 - General rule of interpretation > Context > General Remarks
The principle expressio unius est exclusio alterius can be considered a supplementary means of interpretation within the meaning of Article 32 VCLT as well as an aid to contextual interpretation within Article 31 VCLT
- International Investment Treaties (IITs) > International Law Rules Applicable to IITs > Law of Treaties > Rules of Interpretation > Further Problems
- Vienna Convention on the Law of Treaties > Article 31 - General rule of interpretation > Further Problems > Special Rules of Interpretation
- Vienna Convention on the Law of Treaties > Article 32 - Supplementary means of interpretation
A tribunal has a duty to seek to contribute to the harmonious development of investment law
IITs must be interpreted using the rules of interpretation laid down in the VCLT
- International Investment Treaties (IITs) > International Law Rules Applicable to IITs > Law of Treaties > Rules of Interpretation > Interpretation Rules of the Vienna Convention on the Law of Treaties (VCLT) as Reflecting Customary International Law
- Vienna Convention on the Law of Treaties > Article 31 - General rule of interpretation > General Remarks
If an IIT only confers jurisdiction on the tribunal for disputes concerning the amount or payment of compensation for expropriation, the tribunal does not have jurisdiction over the question of whether an expropriation occurred and was legal
International Law Rules Applicable to IITs
Relationship of IITs to Other Sources of International Law
System of Precedents
While different tribunals should seek to act consistently with one another, there is no doctrine of precedent
A tribunal has a duty to seek to contribute to the harmonious development of investment law
Law of Treaties
Rules of Interpretation
Interpretation Rules of the Vienna Convention on the Law of Treaties (VCLT) as Reflecting Customary International Law
IITs must be interpreted using the rules of interpretation laid down in the VCLT
Interpretation in the Context of the Treaty
Although not expressly mentioned in the VCLT, the principle expressio unius est exclusio alterius may be relevant within an contextual interpretation
Further Problems
The principle expressio unius est exclusio alterius can be considered a supplementary means of interpretation within the meaning of Article 32 VCLT as well as an aid to contextual interpretation within Article 31 VCLT
Protection of Investors under IITs
Expropriation and Standards of Protection
Most-Favoured-Nation Treatment (MFN)
Application to dispute settlement clauses
If the provisions of the IIT clearly reflect an intention by the parties to restrict jurisdiction in a specific way, an MFN clause cannot overcome this restriction
It depends on the IIT whether an MFN clause is limited to substantive guarantees
Jurisdiction
The Tribunal's Rights and Duties
A tribunal has the power to rule on its own jurisdiction (kompetenz-kompetenz)
Interpreting Provisions Concerning Jurisdiction
There is no principle of extensive or restrictive interpretation of jurisdictional provisions in treaties
If an IIT only confers jurisdiction on the tribunal for disputes concerning the amount or payment of compensation for expropriation, the tribunal does not have jurisdiction over the question of whether an expropriation occurred and was legal
Article 31 - General rule of interpretation
General Remarks
IITs must be interpreted using the rules of interpretation laid down in the VCLT
Context
General Remarks
Although not expressly mentioned in the VCLT, the principle expressio unius est exclusio alterius may be relevant within an contextual interpretation
Further Problems
Special Rules of Interpretation
The principle expressio unius est exclusio alterius can be considered a supplementary means of interpretation within the meaning of Article 32 VCLT as well as an aid to contextual interpretation within Article 31 VCLT
Article 32 - Supplementary means of interpretation
The principle expressio unius est exclusio alterius can be considered a supplementary means of interpretation within the meaning of Article 32 VCLT as well as an aid to contextual interpretation within Article 31 VCLT
Article 21
A tribunal has the power to rule on its own jurisdiction (kompetenz-kompetenz)