International arbitration, International Law, International tribunals, Investment, Investment agreements, Investment Arbitration, Investment law, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties
Celebrating 50 Years of the VCLT: Investment Arbitration’s Resurrection of the Principle of Contemporaneity as a Trojan Horse for Subjective Treaty Interpretation
The Vienna Convention rules for treaty interpretation (VCLT) routinely referred to by all international courts and tribunals are known to be the result of a compromise between different schools of interpretation and therefore notoriously flexible, in my view too flexible for the purposes of modern-day international dispute resolution. Cases are therefore won and lost according…