Celebrating 50 years of the VCLT: the legal reasoning of investment arbitration awards: a decision-making perspective on interpretation

Mitsi, Mary (2019) Celebrating 50 years of the VCLT: the legal reasoning of investment arbitration awards: a decision-making perspective on interpretation. Kluwer Law International.

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Abstract

When analysing the process of legal decision-making what might first come to mind is the dichotomy between the interpretation and the application of the law. These terms, in some circumstances, may be employed interchangeably due to the strong link that exists between them. Indeed, jurisdictional clauses in investment treaties refer cumulatively to “disputes over the interpretation or application of the treaty” giving the impression of creating a “portmanteau category” [Franklin Berman, ‘International Treaties and British Statutes’ (2005) 26 StatuteLRev 1, 10.] that may not require the competent tribunal to distinguish the one from the other. However, this distinction is important as it creates two linked but functionally separate spheres.

Item Type: Other
Subjects: Law and criminal justice > Law > Arbitration
Law and criminal justice > Law > International law
Law and criminal justice > Law > Judicial culture
Depositing User: Mary Mitsi
Date Deposited: 27 Jan 2020 15:18
Last Modified: 05 Feb 2020 16:23
URI: http://repository.uwl.ac.uk/id/eprint/6718

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