Searching for purpose: Critical assessment of teleological interpretation of treaties in investment arbitration

Djajic, Sanja

doi:10.5339/irl.2016.iit.4

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An Interpretative Model For the Investment Treaties1

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2017

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“…115 The object and purpose prevail over the wording of the treaty exceptionally. 116 Small employment of the preparatory works and the practice in the application of the treaty is unexpected.…”

Section: An Interpretative Model For the Investment Treatiesmentioning

confidence: 99%

Means of interpretation of international treaties and determinants of their significance

Etinski¹

2017

Zb Pravnog fak Novi Sad

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The choice of means of interpretation and attribution appropriate weight to them may well determine the outcome of an interpretation. Articles 31 of the 32 of the VCLT leave broad discretion to an interpreter in that respect. That may turn an interpretation into a legal process of diminishing predictability and undermine legal certainty. Judicious discretion in the choice and weighing means of interpretation should not be unlimited. The nature and particular characteristics of a treaty, of a question that should be answered by interpretation, and of the means of interpretation, might have the role of determinants of the significance of means of interpretation. The correlations in a triangle of the particular characteristics of the treaty, the question and the means of interpretation, established as typical in the practice of international courts, might constitute a standard model of interpretation. An international court would be expected to explain its departure from the model.

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Section: An Interpretative Model For the Investment Treatiesmentioning

confidence: 99%

Means of interpretation of international treaties and determinants of their significance

Etinski¹

2017

Zb Pravnog fak Novi Sad

View full text Add to dashboard Cite

show abstract

Searching for purpose: Critical assessment of teleological interpretation of treaties in investment arbitration

Cited by 1 publication

References 0 publications

Means of interpretation of international treaties and determinants of their significance

Means of interpretation of international treaties and determinants of their significance

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