The explosion of international investment arbitration under international investment agreements has caused significant backlash, with states parties to such agreements now seeking to reassert control over their agreements in the face of tribunals occasionally running amok. This paper considers the options for states parties to reassert control over their treaties by putting forward joint binding interpretations of relevant provisions. It posits the states parties as the masters of their treaties, reviews the relevant law and arbitral practice, and responds to common objections to joint binding interpretation.
Sunday, March 13, 2016
Methymaki & Tzanakopoulos: Masters of Puppets? Reassertion of Control Through Joint Investment Treaty Interpretation
Eleni Methymaki (Univ. of Cambridge - Law) & Antonios Tzanakopoulos (Univ. of Oxford - Law) have posted Masters of Puppets? Reassertion of Control Through Joint Investment Treaty Interpretation (in States’ Reassertion of Control Over International Investment Agreements and International Investment Treaty Dispute Settlement, Andreas Kulick ed., forthcoming). Here's the abstract: