Power and persuasion in investment treaty interpretation: The dual role of states

Anthea Roberts*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

204 Citations (Scopus)

Abstract

States entering into investment treaties establish dual roles for themselves as treaty parties (with an interest in interpretation) and actual or potential respondents in investor-state disputes (with an interest in avoiding liability). By viewing states primarily as respondents rather than also as treaty parties, investment tribunals often ignore the relevance and persuasiveness for interpretation of those parties subsequent agreements and practice. The approach proposed here seeks to recalibrate interpretive power between states and tribunals by increasing consideration of such evidence.
Original languageEnglish
Pages (from-to)179-225
Number of pages47
JournalAmerican Journal of International Law
Volume104
Issue number2
DOIs
Publication statusPublished - Apr 2010
Externally publishedYes

Fingerprint

Dive into the research topics of 'Power and persuasion in investment treaty interpretation: The dual role of states'. Together they form a unique fingerprint.

Cite this