Regimeübergreifende Konkretisierung im internationalen Investitionsrecht

International investment law is mainly regulated by a myriad of international investment treaties. These treaties contain similarly worded, and sometimes identical, substantive treatment standards. However, due to the amorphous nature of such standards, investment arbitration tribunals often arrive to different conclusions in regard to their content.

Achieving a desirable jurisprudence constante could be accomplished by way of cross-regime interpretation. Applying Article 31(3)(c) of the Vienna Convention of the Law of Treaties, tribunals could take into consideration the interpretation of similar norms in other treaty regimes of international law.

A coherent and consistent jurisprudence is an imperative precondition for the promotion of cross-border investments. Cross-regime interpretation might not only further this purpose for international investment law, but also be a useful tool for tackling the defragmentation of international law.