Guide to International Legal Citation

I. Headings and Formatting

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I. Headings and Formatting

1. Article heading and author


The article heading should be aligned left, bold, and in size 14 font.

The author’s name should be placed directly below the title, aligned left, italicized and in size 12 font.

In the event that the author has certain qualifications to be listed (e.g. institutional association or degrees), or acknowledgments and caveats, these should form the first footnote of the article, but not given a numerical footnote. Rather, they should be indicated using an asterix (*). Any co-authors should also be given their own footnote, indicated by a single (†) or double (‡) dagger. Further co-authors (an unlikely occurrence) should be indicated by whatever symbols the editor sees fit, but usually by simply providing two of whatever has come before (i.e. **, or ††).


The MFN Clause in Investment Arbitration: Treaty Interpretation Off the Rails

Zachary Douglas*


* University of Cambridge and Matrix Chambers. The opinions expressed in this article are those of the author and do not necessarily reflect the views of parties represented by the author.

2. Heading levels


Heading levels should appear as follows:

1 Heading level 1 Size 13, bold

A Heading level 2 Size 12, italic

(i) Heading level 3 Size 11, italic

(a) Heading level 4 Size 11, normal

(1) Heading level 5 Size 11, normal

Note that the headings should not be capitalized in the same manner as the main title.

If there are more than five layers of heading, then the article should be edited so as to remove any additional layers.

If such editing is impossible, then insert the heading, italicized, without a number as the first sentence of a new paragraph.


3 Jurisdiction and admissibility before ISA tribunals

A The distinction between jurisdiction and admissibility

B Jurisdiction and consent before ISA tribunals

(i) Conditional consent in ISA: the ICSID Convention and investment treaties

(ii) Interpretation of consent in IIAs and the relevant of legality requirements

(a) General rules of interpretation and the role of international public policy

(b) Interpretation of legality requirements and the prohibition of illegal investments

(1) Broad interpretation: legality requirements operate to exclude illegal investments

(2) Narrow interpretation: legality requirements confine the IIA to certain investments

(iii) Interpretation of ‘investment’ in Article 25(1) of the ICSID Convention

C International public policy and admissibility

4 Corruption, jurisdiction and admissibility


3. Formatting and paragraphs


The main text of the article should be presented in size 12 typeface, and aligned left. It does not really matter which font you present it in, as the editing software will convert it to the Journal’s usual typeface, Gentium Book Basic.

New paragraphs should not be tabbed in, and should be separated by one line (“Enter”). Do not use more than one line between paragraphs. Line spacing should be set at 0.0 (single-spaced).

Footnotes should also be aligned left, and size 10 typeface. There is no need for a paragraph space between footnotes.

Detailed formatting instructions can be found in the CJICL copy-editing guide.


NOTE: Where a primary source must be cited which is not included in this section, reference should be had to the Australian Guide to Legal Citation (3rd edn), available at

A. Treaties

1. Basic multilateral conventions


The basic form of citation for multilateral treaties is as follows:

Treaty Title, Date of Conclusion, Treaty Series, Art Article Number

Note the absence from the citation of the date of entry into force. This will not ordinarily be included in the citation.

The date of conclusion/signature must be represented in full in the form Day Month Year, e.g. 14 August 1984.

Wherever possible, a citation to a treaty series should be given. The following series are to be preferred:

United Nations Treaty Series UNTS

League of Nations Treaty Series LNTS

Consolidated Treaty Series CTS

International Legal Materials ILM

UN Reports of International Arbitral Awards RIAA

Where the treaty is not to be found in any of the approved series, reference may be had to other treaty series or sources. The ILM should not be used if the UNTS or LNTS is available.

Parallel citations should not be used. When citing a particular article of a treaty, there is no need to give a pinpoint cite to the page in the treaty series on which the article itself appears.

Where a series is organized by volume, the citation should appear:

Volume Number, Treaty Series Abbreviation, Starting Page

(e.g. 23 UNTS 35)

Where the treaty series is organized by year, the citation should appear:

[Volume Year] Treaty Series Abbreviation, Starting Page

(e.g. [2010] ATS 5)

Where the treaty series is organized by sequential order of deposit independent of year, the citation should appear:

Treaty Series Abbreviation Number of Treaty

(e.g. TIAS 8225)


Vienna Convention on the Law of Treaties, 23 May 1969, 1155 UNTS 331, Art 31.

Instrument for the Prolongation of the Peace between the Emperor of the Holy Roman Empire and the Sultan of Turkey, 1 July 1649, 1 CTS 457.

Council of Europe Civil Law Convention on Corruption, 4 November 1999, ETS 174.

2. Subsequent references to treaties


Where a treaty is referred to frequently throughout an article, it may be given a short title, e.g. in the case of the Vienna Convention on the Law of Treaties, ‘VCLT’ or ‘Vienna Convention’. The short title should be given, in parentheses and italicized, after the first time the treaty is referred to in the article, as follows:

(Short Title)

Note: only the short title itself it italicized – the parentheses are not.

Where the first reference to the full name of the treaty appears in the text, the short title appears in the text as follows.

Full Name of TreatyFN (Short Title)

Where it appears in the footnotes, the short title should also appear in the footnotes as follows:

FN Full Name of Treaty, Date of Signature, Treaty Citation, Art Article Number (Short Title)

Once the short title of the treaty has been defined, it may now be referred to in the body of the text by its abbreviation as follows:

Abbreviation Article Article Number

It may further be referred to in the footnotes of the article as follows:

FN Abbreviation Art Article Number


The standard canons of treaty interpretations are contained within the Vienna Convention on the Law of Treaties1 (VCLT). VCLT Article 31 focuses primarily on, inter alia, factors such as the context and purpose of the treaty, and the plain meaning of its words. But other provisions of the VCLT permit reliance on extraneous or supplementary aids to interpretation, such as the travaux préparatories.2


1 23 May 1969, 1155 UNTS 331.

2 See VLCT Art 32.

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