'Three Grades of Evil': Nabokov, Wittgenstein and the perils of treaty interpretation

Asteriti, A. (2014) 'Three Grades of Evil': Nabokov, Wittgenstein and the perils of treaty interpretation. In: European Society of International Law 10th Anniversary Conference, Vienna, Austria, 4-6 Sep 2014, (doi: 10.2139/ssrn.2545469)

Abstract

The article investigates the interpretative practice of investment tribunals in the light of Wittgenstein's theory on rule following and usage, to advance the hypothesis that arbitral tribunals run the risk to interpret the language of the treaties so as to effect a deracination of their terms. In order to do so, the article employs Vladimir Nabokov's reflections on the perils of translation, contextually arguing that the incorporation in investment treaties of language developed in specific domestic frameworks (i.e. United States' constitutional jurisprudence) is an example of semantic hegemony accompanied by hermeneutic conformity on the part of tribunals.

• Item Type: Conference Proceedings
• Status: Published
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Asteriti, Dr Alessandra
• Authors: Asteriti, A.
• Subjects: K Law > K Law (General); K Law > KZ Law of Nations
• College/School: College of Social Sciences > School of Law
• Copyright Holders: Copyright © 2014 The Author
• Publisher Policy: Reproduced in accordance with the copyright policy of the publisher