An Analysis of the Interpretation of the Territorial Requirement in Investment Treaties by Arbitral Tribunals and the Vienna Convention on the Law of Treaties
Bibliographic record
Abstract
Abstract This article analyses the interpretation by arbitral tribunals of investment treaties’ provisions on the territoriality of the investment and its consistency with the general rule of interpretation of the Vienna Convention on the Law of Treaties. The first section focuses on the decisions rendered in Bayview and Canadian Cattlemen , where the tribunals inferred the existence of a territorial requirement not expressed in NAFTA’s Chapter Eleven. The second section deals with the decisions rendered in Fedax, Abaclat and Ambiente Ufficio , where the tribunals decided that, in cases concerning financial transactions, it was not necessary for the investment to be actually made in the territory of the respondent State even if the investment treaty expressly required the investment to made in the territory of the State. The article concludes that the tribunals misapplied the general rule of interpretation of the Vienna Convention on the Law of Treaty in these cases.
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.001 |
| Science and technology studies | 0.000 | 0.001 |
| Scholarly communication | 0.000 | 0.001 |
| Open science | 0.001 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".