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State practice as a requirement of customary international law is represented by IITs
Tribunals decide whether the Free Trade Commission acted within the limits of Article 2001
According to Article 2001(2), the authority of the Free Trade Commission is limited to the interpretation of the treaty and does not allow for an addition or modification
Article 1135 is an independent basis for determining interest
An investor may claim loss or damage to its interest in an enterprise under Article 1116
The interpretation by the Free Trade Commission regarding Article 1105 does not require the concepts of fair and equitable treatment and full protection and security to be ignored, but to be considered as part of the minimum standard of treatment
Customary international law does not require a state measure to be “egregious” in order to constitute an international delinquency
Fixed costs, such as management time, do not constitute a casual damage
The provisions in an IIT are an independent basis for determining interest
Customary international law does not require a state measure to be “egregious” in order to constitute an international delinquency
International Law Rules Applicable to IITs
Relationship of IITs to Other Sources of International Law
Relationship of an IIT to Customary International Law
State practice as a requirement of customary international law is represented by IITs
Damages and Interest
Causation
Fixed costs, such as management time, do not constitute a casual damage
Interest
Explicit Rules on Interest
The provisions in an IIT are an independent basis for determining interest
Chapter Eleven – Section A – Investment
Article 1105 – Minimum Standard of Treatment
The Relationship of the Standard to Public International Law
The interpretation by the Free Trade Commission regarding Article 1105 does not require the concepts of fair and equitable treatment and full protection and security to be ignored, but to be considered as part of the minimum standard of treatment
Chapter Eleven – Section B – Settlement of Disputes between a Party and an Investor of Another Party
Article 1116 – Claim by an Investor of a Party on Its Own Behalf
Loss or Damage Incurred by the Investor
An investor may claim loss or damage to its interest in an enterprise under Article 1116
Article 1135 – Final Award
Article 1135 is an independent basis for determining interest
Further articles relevant to International Investment Law
Article 2001 – The Free Trade Commission
Tribunals decide whether the Free Trade Commission acted within the limits of Article 2001
According to Article 2001(2), the authority of the Free Trade Commission is limited to the interpretation of the treaty and does not allow for an addition or modification