State-to-State dispute settlement and the interpretation of investment treaties

David Gaukrodger
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David Gaukrodger: OECD

No 2016/3, OECD Working Papers on International Investment from OECD Publishing

Abstract: Many governments have expressed concerns about the uncertainty linked to the perceived inconsistency of treaty interpretation in Investor-State dispute settlement (ISDS). An OECD-hosted intergovernmental investment roundtable has been considering a range of tools through which governments can take action to improve the interpretation of investment treaties and some participants suggested consideration of the potential role of State-to-State dispute settlement (SSDS) in this area. This paper responds to this interest. The first part sets forth a rough typology of possible SSDS claims under investment treaties. The second part outlines policy issues relating to a possible type of SSDS claim which would be most relevant to the question of interpretation, for so-called “pure” interpretation of an investment treaty. The analysis seeks to identify policy reasons why governments might wish to provide for or exclude the power to obtain pure interpretations of investment treaties from SSDS tribunals or to make it broad or narrow. The final section examines SSDS cases under investment treaties addressing claims for interpretation.

Keywords: bilateral investment treaties; foreign investment; international arbitration; international economic law; international investment; international investment agreements; international investment law; investment treaties; investor-state dispute settlement (search for similar items in EconPapers)
JEL-codes: F02 F13 F21 F23 F53 K23 K33 K4 K41 (search for similar items in EconPapers)
Date: 2016-09-13
New Economics Papers: this item is included in nep-law and nep-sog
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Persistent link: https://EconPapers.repec.org/RePEc:oec:dafaaa:2016/3-en

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