Investor Rights and Well-Being: Remarks on the Interpretation of Investment Treaties in Light of Other Rights

International Investment Law and Common Concerns, Tullio Treves, Francesco Seatzu & Seline Trevisanut, eds., 2013

21 Pages Posted: 10 Apr 2013 Last revised: 10 Jun 2020

See all articles by Luigi Crema

Luigi Crema

University of Milan; University of Notre Dame - Notre Dame Law School

Date Written: April 9, 2013

Abstract

The question of interpreting international agreements in light of other competing principles and obligations has, over the last two decades, been drawn into and included within the debate over the fragmentation of international law. However, some features of the two elements here at stake – investment agreements and competing regulations – place the subject on a different ground from these past discussions. This paper will not focus only on the systemic interpretation of investment treaties and other international law rules, but it will go through the different ways and techniques proposed by parties to disputes and arbitral tribunals to consider investment treaties and other concerns – more precisely, human and environmental rights: the integration of treaties with domestic regulations; the interpretation of investment agreements in light of other international rules; the application of investor rights and other international rules and regulations; the non-application of investment treaties conflicting with ius cogens; and finally the re-affirmation of a domestic sphere of autonomy in which states are free to introduce reasonable new regulations of general, public interest.

Keywords: International investment law, investment arbitration, interpretation of treaties, vienna convention, art. 31(3)(c), systemic interpretation, margin of appreciation

JEL Classification: K33

Suggested Citation

Crema, Luigi, Investor Rights and Well-Being: Remarks on the Interpretation of Investment Treaties in Light of Other Rights (April 9, 2013). International Investment Law and Common Concerns, Tullio Treves, Francesco Seatzu & Seline Trevisanut, eds., 2013, Available at SSRN: https://ssrn.com/abstract=2247488

Luigi Crema (Contact Author)

University of Milan ( email )

Via Festa del Perdono, 7
Milan, 20122
Italy

University of Notre Dame - Notre Dame Law School ( email )

Eck Hall of Law
Notre Dame, IN 46556
United States

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