<i>Global Telecom Holding v. Canada</i>: Interpreting and Applying Reservations and Carve-Outs in Investment Treaties

نویسندگان

چکیده

Within investment treaties, reservations and carve-outs perform a crucial role in balancing protection liberalization with competing regulatory interests of States. While for taxation matters have been interpreted applied by significant number treaty tribunals, concerning other issues adjudicated much less frequently. The recent Award Global Telecom Holding v. Canada raises several key questions interpretation reservation the Canada–Egypt Bilateral Investment Treaty (BIT), carve-out, which removed from investor-State arbitration decisions either Party not to permit establishment or acquisition business enterprise. This case comment critically analyses approach interpreting adopted associated Dissenting Opinion. I suggest that it is through application ordinary rules adjudicators will locate appropriate limits carve-outs, there little justification adopting restrictive such provisions. also demonstrates interpretative inferences based on one party’s treaties must be approached care. reservations, exceptions, interpretation, national treatment, security

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ژورنال

عنوان ژورنال: Journal of International Arbitration

سال: 2021

ISSN: ['0255-8106', '2212-182X']

DOI: https://doi.org/10.54648/joia2021026