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Amal Sethi - University of Pennsylvania Law School, LLM

International Investment Law Symposium LLM Perspectives Online Publications

Playing By The Tribunals’ Rules: A Solution For Resolving The Conflict Between Rules And Practice In IIA Interpretation

I. Introduction In her extremely comprehensive treatise on the interpretation of investment treaties, Trinh Hai Yen highlighted a serious problem with International Investment Agreements (“IIA”): IIAs have had a very tumultuous history with the Vienna Convention on the Law of Treaties (“VCLT”) as far as the application of Article 31 and 32, the customary standard for dealing with the interpretation of treaties, is concerned.01Trinh Hei Yen, The Interpretation of Investment Treaties 64 (2014). In most instances, arbitral tribunals have not applied these rules properly despite making explicit references to these provisions of the VCLT in their awards.02Michael Reisman and Mahnoush…

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Featured LLM Perspectives Online Publications

An Exaggerated Account of ICSID?: A Reply to Professor Robin Broad

Citing Pacific Rim Cayman LLC v. Republic of El Salvador, Prof. Robin Broad claims ICSID tribunals have a pro-corporate bias and lack concern for public interests, but such concerns are unfounded. ICSID's flaws are not as deep as is alleged, and no evidence supports allegations of substantial, consistent pro-investor bias.…

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