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Article: Intertemporality and International Investment Arbitration: Protecting the Jurisdiction of Established Tribunals

TitleIntertemporality and International Investment Arbitration: Protecting the Jurisdiction of Established Tribunals
Authors
KeywordsInternational investment law
Investment arbitration
Termination of investment treaties
Joint interpretation
Intertemporality
Issue Date2015
PublisherOxford University Press. The Journal's web site is located at http://arbitration.oxfordjournals.org/
Citation
Arbitration International, 2015, v. 31 n. 2, p. 213-259 How to Cite?
AbstractThis article is divided into five parts, including this brief introduction and an equally brief conclusion in Parts I and V, respectively. Part II examines the specific ways to interpret, amend and terminate international investment agreements indicating how they are unique as well as similar to the generic ways to interpret, amend and terminate treaties, since international investment agreements are proprio motu treaties. Part III examines consent to arbitration and its effects on the amendment or termination of international investment agreements. Part IV places specific emphasis on the inter-temporal principle of international law, which is used to corroborate the thesis that states can amend and terminate international investment agreements but they cannot revoke the jurisdiction of an arbitral tribunal once the investor has consented to arbitration.
Persistent Identifierhttp://hdl.handle.net/10722/202321
ISSN
SSRN

 

DC FieldValueLanguage
dc.contributor.authorFry, JD-
dc.contributor.authorRepousis, OG-
dc.date.accessioned2014-09-15T03:24:53Z-
dc.date.available2014-09-15T03:24:53Z-
dc.date.issued2015-
dc.identifier.citationArbitration International, 2015, v. 31 n. 2, p. 213-259-
dc.identifier.issn0957-0411-
dc.identifier.urihttp://hdl.handle.net/10722/202321-
dc.description.abstractThis article is divided into five parts, including this brief introduction and an equally brief conclusion in Parts I and V, respectively. Part II examines the specific ways to interpret, amend and terminate international investment agreements indicating how they are unique as well as similar to the generic ways to interpret, amend and terminate treaties, since international investment agreements are proprio motu treaties. Part III examines consent to arbitration and its effects on the amendment or termination of international investment agreements. Part IV places specific emphasis on the inter-temporal principle of international law, which is used to corroborate the thesis that states can amend and terminate international investment agreements but they cannot revoke the jurisdiction of an arbitral tribunal once the investor has consented to arbitration.-
dc.languageeng-
dc.publisherOxford University Press. The Journal's web site is located at http://arbitration.oxfordjournals.org/-
dc.relation.ispartofArbitration International-
dc.subjectInternational investment law-
dc.subjectInvestment arbitration-
dc.subjectTermination of investment treaties-
dc.subjectJoint interpretation-
dc.subjectIntertemporality-
dc.titleIntertemporality and International Investment Arbitration: Protecting the Jurisdiction of Established Tribunalsen_US
dc.typeArticleen_US
dc.identifier.emailFry, JD: jamesdfry@yahoo.com-
dc.identifier.doi10.1093/arbint/aiv008-
dc.identifier.hkuros250363-
dc.publisher.placeUnited Kingdom-
dc.identifier.ssrn2492258-
dc.identifier.hkulrp2014/032-

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