A TWAIL Engagement with Customary International Investment Law: Some Strategies for Interpretation

Nina Mileva*

*Bijbehorende auteur voor dit werk

OnderzoeksoutputAcademicpeer review

1 Downloads (Pure)


This chapter focuses on some of the Third World Approaches to International Law (TWAIL)s criticism of investment law and the CIL rules contained therein, and proposes an engagement with this criticism at the stage of interpretation. Based on an examination of the interpretation of the customary minimum standard of treatment, it argues that interpretation plays two roles in relation to CIL – a constructive and an evolutive role. In light of these two roles, interpretative arguments may be deployed strategically so as to flag problematic rationales in the rules and argue for their re-interpretation. In particular, I propose three interpretive strategies which may achieve this goal, which are differentially suited to the different actors who may wish to deploy them. These strategies are limited by the actors who deploy them, the forum where they are deployed, as well as the rules of procedure in which the dispute takes place. Nevertheless, they present an opportunity for a constructive TWAIL engagement with international investment law which does not summarily dismiss the existing system.
Originele taal-2English
TitelCustom and its Interpretation in International Investment Law
RedacteurenPanos Merkouris, Andreas Kulick, Jose Alvarez-Zarrate, Maciej Zenkiewicz
UitgeverijCambridge University Press
Aantal pagina's25
ISBN van elektronische versie9781009255462
StatusPublished - 31-jan.-2024

Publicatie series

NaamTRICI-Law Book Series
UitgeverijCambridge University Press

Citeer dit