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PART VII INVESTMENT LAW AND OTHER FIELDS, 38 INTERPRETING INVESTMENT TREATIES: EXPERIENCES AND EXAMPLES

Thomas W. Wälde

From: International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Edited By: Christina Binder, Ursula Kriebaum, August Reinisch, Stephan Wittich

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 15 May 2021

This chapter focuses on particular challenges in the interpretation of investment treaties before international tribunals. It is not intended to be an exhaustive and comprehensive study (that challenge remains) but rather a commentary on selected issues I have recently noted as they occurred in my practice.1 Examples are often drawn from the generally quite challenging formulations of the Energy Charter Treaty, the world's major multilateral investment treaty with over 50 member States. A treaty—like any legal or otherwise authoritative text—does not, contrary to...
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