
David D. Caron (ed.)
et al.
Published online:
21 January 2016
Published in print:
01 November 2015
Online ISBN:
9780191802775
Print ISBN:
9780198739807
Contents
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I. Evolution of a Policy I. Evolution of a Policy
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II. Authentication of Text II. Authentication of Text
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III. The Kiliç Case III. The Kiliç Case
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IV. Flawed Interpretation IV. Flawed Interpretation
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V. Delegation to the Translator V. Delegation to the Translator
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VI. The Role of Inauthentic Texts VI. The Role of Inauthentic Texts
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VII. Other Cases VII. Other Cases
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VIII. Mischievous Consequences VIII. Mischievous Consequences
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IX. Some Words of Caution IX. Some Words of Caution
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Chapter
25 Babel and BITs: Divergence Analysis and Authentication in the Unusual Decision of Kiliç v Turkmenistan
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Pages
407–424
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Published:November 2015
Cite
Arsanjani, Mahnoush H, and W Michael Reisman, 'Babel and BITs: Divergence Analysis and Authentication in the Unusual Decision of Kiliç v Turkmenistan', in David D. Caron, and others (eds), Practising Virtue: Inside International Arbitration (Oxford , 2015; online edn, Oxford Academic, 21 Jan. 2016), https://doi.org/10.1093/acprof:oso/9780198739807.003.0026, accessed 13 May 2025.
Abstract
This chapter explores the varied interpretive approaches of international courts and tribunals when faced with different language versions of treaties that are amenable to different, and often conflicting, interpretations. Focusing on the recent investment treaty decision in Kiliç v Turkmenistan, it analyses the errors committed by the tribunal in its interpretation of apparently incompatible translations of the Turkey-Turkmenistan Bilateral Investment Treaty, thus violating under Article 33 of the Vienna Convention on the Law of Treaties.
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