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Treaty Interpretation in Investment Arbitration by Weeramantry, J. Romesh (8th March 2012)

5 Non-Codified Means of Interpretation

From: Treaty Interpretation in Investment Arbitration

J. Romesh Weeramantry

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. date: 18 June 2019

Awards — Advisory opinions
5.01 This chapter concerns techniques of treaty interpretation that are not specifically referred to in the Convention Rules. Subsequent to a general introduction in Section A , the chapter examines how the treaty interpretation process utilizes international court decisions and arbitral awards ( Section B ), treaties or international instruments ( Section C ), scholarly opinion ( Section D ), the principle of effectiveness ( Section F ), and legal maxims ( Section G ). Section E deals with inter-temporal aspects relevant to treaty interpretation. 5.02 All major...
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