무역상무연구 (THE INTERNATIONAL COMMERCE & LAW REVIEW)
- 제59권
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- Pages.59-78
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- 2013
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- 1229-2036(pISSN)
국제투자분쟁에서 중재판정시 투자조약의 해석과 적용에 관한 연구
A Study on the Interpretation and Application of Investment Treaties for Arbitral Award under International Investment Disputes
- 투고 : 2013.07.31
- 심사 : 2013.08.19
- 발행 : 2013.08.31
초록
The interpretation and application of investment treaties takes place mostly by ad hoc tribunals. Their composition varies from case to case. But in interpreting and applying investment treaties are bound to exist on a ground rule and coherent criteria. Given summarizing contents of this study, those are as follows. When interpreting investment treaties, (i) most tribunals is based on Article 31 and 32 of the VCLT, (ii) tribunals rely on previous decisions, (iii) tribunals resort to travaux pr
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