The Journal of World Investment & Trade, Volume 8 February 2007
Article from: TDM 5 (2007), in Bibliography
John P. Gaffney and James L. Loftis: The "Effective Ordinary Meaning" of BITs and the Jurisdiction of Treaty-Based Tribunals to Hear Contract Claims
This article discusses the jurisdiction of tribunals constituted in investment-treaty disputes over contract claims based on (i) so-called "umbrella clauses" and (ii) widely drafted dispute resolution clauses having regard to (a) Bit practice, (b) relevant case law (beginning with the decisions in Sgs v. Pakistan and Sgs v. Philippines) and (c) recent literature in the area. The article argues in favour of faithful application of the provisions of Articles 31 and 32 of the Vienna Convention on the Law of Treaties to the interpretation of Bits-which is described as the "effective ...