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Practising VirtueInside International Arbitration$
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David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

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Judge Brower and the Vienna Convention Rules of Treaty Interpretation

Judge Brower and the Vienna Convention Rules of Treaty Interpretation

(p.434) 27 Judge Brower and the Vienna Convention Rules of Treaty Interpretation
Practising Virtue

Stanimir A Alexandrov

Oxford University Press

This chapter examines Judge Brower’s application of the rules of treaty interpretation set forth in the Vienna Convention on the Law of Treaties (VCLT). The analysis focuses on his separate or dissenting opinions in Austrian Airlines v The Slovak Republic, Daimler Financial Services AG v The Argentine Republic, and Renta 4 et al v The Russian Federation. The background of the VCLT’s critical importance for treaty interpretation and thus for international arbitration is examined, followed by a brief overview of Judge Brower’s adjudicative philosophy regarding the VCLT. Examples are provided of how Judge Brower has applied the general rule of treaty interpretation contained in VCLT Article 31, and also Article 32 regarding supplementary means of interpretation. An example is also given regarding how he has applied Article 33 on treaties authenticated in different languages. The final section concludes.

Keywords:   treaty interpretation, VCLT, Judge Brower

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