Umbrella Clauses

J.P. Gaffney
Gaffney, John P.

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.

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Suggested Citation

J.P. Gaffney; "Umbrella Clauses"
TDM 1 (2009), www.transnational-dispute-management.com

URL: www.transnational-dispute-management.com/article.asp?key=1351