Article from: TDM 1 (2009), in Investor-State Disputes - International Investment Law
Summary of this presentation:
- "Labeling is no substitute for careful textual analysis"*, i.e., no "plain vanilla" umbrella clauses.
- No coherence in current case law: range of issues to be "settled".
- Contrary to any mistaken impression, "effective ordinary meaning" approach is not intended to be pro -investor (or for that matter, pro-State) -it seeks respect for the rules of interpretation set down in the Vienna Convention, which are generally considered to be reflective of customary international law.