What is the story about?
What's Happening?
Aceris Law LLC has published an article discussing the complexities of interpreting treaties in investment arbitration. The article highlights the role of the Vienna Convention on the Law of Treaties (VCLT) in guiding the interpretation process. Investment arbitration often involves disputes under bilateral or multilateral treaties, where interpretation determines jurisdiction and scope of protection. The VCLT provides a framework for interpretation, emphasizing good faith, ordinary meaning, context, and object and purpose. The article also discusses supplementary means of interpretation and the principle of effectiveness, which ensures treaty provisions have practical effect.
Why It's Important?
Understanding treaty interpretation is crucial for investors and states involved in arbitration, as it affects the protection offered by treaties and regulatory autonomy. The application of the VCLT can influence the outcome of disputes, impacting international investment law dynamics. Proper interpretation can lead to fair resolutions, balancing investor protection with state sovereignty. This knowledge is vital for assessing potential claims or defenses in arbitration, ensuring that treaties are applied effectively and equitably.
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