Interaction and Conflict of Treaties in Investment Arbitration

This new book is the first to focus on the interaction between international investment law and other systems of international law. It takes a giant step towards determining a hierarchy of conflicting treaty norms, and establishing a legitimacy threshold for the investor-State arbitral system. The author approaches the existing challenges – the rights of foreign investors under investment treaties, disputes between the host States trying to protect the health and safety of their citizens versus the treaty rights of foreign companies, and the conflict between international investment law and human rights law, environmental law, and EU law – from the perspective of treaty conflicts. The work covers every issue that you might expect to find in this contentious area, including: flexibility in the amount of compensation payable to foreign investors; implications of including non-investment provisions in investment treaties; efficacy of the Vienna Convention on the Law of Treaties rules on treaty interpretation; legal bases for the interaction of investment and non-investment treaties; the ECJ’s views on EC Treaty/TFEU investment treaty conflicts. You’ll find a wealth of interpretive methodologies, remedial mechanisms, and legally and practically plausible examples that investor-State tribunals can use in their adjudicative techniques. The author argues that the solution to the legitimacy crisis of the investor-State arbitral system lies in the taking up and resolution of the issue of treaty conflicts by the tribunals themselves. The author addresses the issues relating to the system’s legitimacy, and develops concrete substantive rules of international investment law that fit in with other parallel systems existing within international law. The work is divided into four main areas: The evolution of investment treaties The law of treaty conflicts Treaty conflicts in investor-state arbitration Investment treaty conflicts and the European Union. This book will help you solve the problem of treaty conflicts by determining the hierarchy between conflicting treaty norms. It will be essential reading for investment arbitrators, cross-border investors, States who are parties to investment treaties, foreign investment policy makers, and others working in arbitration, human rights, environmental law, and international trade.