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A waiver under rule 27 is not to be assumed easily
“Approved project” requires regulatory approval
Under Article 25 ICSID Convention, the investment definition in the IIT which sets the bounds of the tribunal is decisive
Resort to extrinsic materials, such as other investment agreements or statements of civil servants involved in the negotiations of the agreement for the purpose of colouring the meaning of a particular term, will not be considered if the meaning of the term according its plain language is clear
- 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 32 - Supplementary means of interpretation
Definition of estoppel
International Law Rules Applicable to IITs
Relationship of IITs to Other Sources of International Law
Relationship of an IIT to General Principles of International Law
Estoppel
Definition of estoppel
Law of Treaties
Rules of Interpretation
Further Problems
Resort to extrinsic materials, such as other investment agreements or statements of civil servants involved in the negotiations of the agreement for the purpose of colouring the meaning of a particular term, will not be considered if the meaning of the term according its plain language is clear
Protection of Investors under IITs
Applicability of IITs
Ratione Materiae – Definition of Investment
Approval of the Investment
“Approved project” requires regulatory approval
Article 32 - Supplementary means of interpretation
Resort to extrinsic materials, such as other investment agreements or statements of civil servants involved in the negotiations of the agreement for the purpose of colouring the meaning of a particular term, will not be considered if the meaning of the term according its plain language is clear
Jurisdiction of the Centre (Articles 25-27)
Article 25
Jurisdiction Ratione Materiae
Investment
The Parties’ Consent and “Investment” / Two-Part Test of Investment
Under Article 25 ICSID Convention, the investment definition in the IIT which sets the bounds of the tribunal is decisive
Rule 27
A waiver under rule 27 is not to be assumed easily