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Full-Text Articles in Law
State Control Over Interpretation Of Investment Treaties, Lise Johnson, Merim Razbaevea
State Control Over Interpretation Of Investment Treaties, Lise Johnson, Merim Razbaevea
Columbia Center on Sustainable Investment Staff Publications
Many critiques of investment treaties relate to concerns that tribunals’ interpretations of these agreements depart from states’ understandings of the texts, and do so in unpredictable ways leading to expensive litigation and unforeseen liability. States, however, can take steps to make their intentions regarding the texts clearer, and reduce the risk of uncertain outcomes.
This policy paper discusses these possible steps, and the legal rules supporting them, providing guidance to states, attorneys, and tribunals regarding the important role of states in clarifying vague standards in and managing liability under existing investment treaties. A second paper, published by the Global …
New Uncitral Arbitration Rules On Transparency: Application, Content And Next Steps, Lise Johnson
New Uncitral Arbitration Rules On Transparency: Application, Content And Next Steps, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
This paper discusses the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration, which were adopted in August of 2013 and went into effect on April 1, 2014. It draws on negotiating history to elaborate on the content of and purpose of each of the Rules’ provisions, and identifies options for and barriers to applying these Rules in future arbitrations.