Power and Persuasion in Investment Treaty Interpretation: The Dual Role of States
Article from: TDM 1 (2014), in Reform of Investor-State Dispute Settlement
Introduction
Part I sets out the theoretical framework, examining the nature of investment treaties, the interpretive balance of power between treaty parties and tribunals, and the likelihood of stra- tegic interactions between these actors. Part II turns to legal doctrine to consider how analysis of subsequent agreements and practice can help treaty parties and tribunals to engage in a con- structive dialogue about interpretation. It examines why and how this evidence is applied in public international law, including human rights law, so as to develop a theory about its use and its limits in the ...