Introduction

There is an important literature on the interpretation of investment treaties by arbitral tribunals constituted under BITs and MITs. However, little has been said on the interpretation of these agreements by domestic courts. There are two reasons for the focus on arbitral jurisprudence. First, investment treaties are mainly invoked before international arbitral tribunals and not before national courts. Interstate and domestic courts proceedings have been virtually replaced by 'l'arbitrage unilateral transnational' - direct investor-state arbitration. Second, ICSID arbitration, the most ...