Fair And Equitable Treatment In International Investment Law
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The Fair And Equitable Treatment Standard In The International Law Of Foreign Investment
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Author : Ioana Tudor
language : en
Publisher: Oxford University Press, USA
Release Date : 2008
The Fair And Equitable Treatment Standard In The International Law Of Foreign Investment written by Ioana Tudor and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Business & Economics categories.
This text analyses the conventional and customary framework of the fair and equitable treatment clauses commonly found in bilateral investment treaties (BITs) and charts how these clauses have become norms of customary international law.
Fair And Equitable Treatment In International Investment Law
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Author : Roland Kläger
language : en
Publisher: Cambridge University Press
Release Date : 2011-06-23
Fair And Equitable Treatment In International Investment Law written by Roland Kläger and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-23 with Law categories.
This book looks at fair and equitable treatment as a key standard of international investment law.
The International Minimum Standard And Fair And Equitable Treatment
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Author : Mārtiņš Paparinskis
language : en
Publisher: Oxford University Press
Release Date : 2013-01-31
The International Minimum Standard And Fair And Equitable Treatment written by Mārtiņš Paparinskis and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-31 with Business & Economics categories.
Investment protection treaties generally include, in one form or another, the obligation to treat investments fairly and equitably. This book examines the relationship between this obligation and the minimum standard that can be found in customary international law, tracing the history of both concepts, their differences and similarities.
The Right Of States To Regulate In International Investment Law
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Author : Yulia Levashova
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-07-18
The Right Of States To Regulate In International Investment Law written by Yulia Levashova and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-18 with Law categories.
Due to the ongoing recent expansion of public interest issues worldwide, the state’s right to regulate has been recaptured as a prominent concept in international investment law. The fair and equitable treatment (FET) standard provision in the text of an international investment agreement (IIA) has become a detailed clause clarifying the specific obligations of a state towards an investor under the FET standard. However, striking the right balance between the interests of host states and investors in these new treaty formulations has proved to be challenging. This book greatly clarifies the field by offering the in-depth analysis of the application of the state’s right to regulate in relation to FET standard provisions in IIAs and to decisions by arbitral tribunals in FET cases. Recognising that the role of tribunals is to balance the state’s public interests and the interests of the investor when interpreting and applying the FET standard, the author pursues such seminal issues and topics as the following: the legitimacy of the objective of the state’s measure; obligations and responsibilities of investors towards a host state; the nature and impact of a change to a national regulatory framework; special economic and sociopolitical circumstances in a host state; and due diligence and risk assessment as a condition for the protection of an investor’s legitimate expectations. Multiple IIAs concluded by the OECD Member States, as well by Russia and China between the developing countries, and the prominent investment law cases on the FET standard are examined in detail. The analysis pays particular attention to how investment jurisprudence in FET cases has been reflected in such new IIAs as the Comprehensive Economic and Trade Agreement between the European Union (EU) and Canada (CETA), the EU-Vietnam FTA and the EU-Singapore FTA. These case studies demonstrate the evolution of the IIAs’ FET standard provisions and how they balance the application of the FET standard and the state’s right to regulate. Suggestions are provided for drafting formulations of the FET standard that can contribute to achieving such a balance. In the clear light it sheds on the legal conditions under which states may regulate in the public interest and its contribution to the reforms that are currently taking place in the field of international investment law, this book constitutes an exemplary framework to evaluate investment decisions on the FET standard and the right to regulate. It is sure to prove extremely useful for practitioners who work on investment cases, policymakers involved in negotiating and drafting of IIAs, policy advisors of governmental and non-governmental organisations and academics in international investment law.
Fair And Equitable Treatment And The Fabric Of General Principles
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Author : Fulvio Maria Palombino
language : en
Publisher: T.M.C. Asser Press
Release Date : 2017-12-13
Fair And Equitable Treatment And The Fabric Of General Principles written by Fulvio Maria Palombino and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-13 with Law categories.
This book moves from the circumstance whereby currently the obligation to provide fair and equitable treatment (FET) to foreign investments is included in the majority of international investment agreements and has proved to be the most invoked standard in investor-State arbitration. Hence, it is no overstatement to describe this standard as the basic norm of international investment law. Yet both its meaning and normative basis continue to be shrouded in ambiguity and, as a consequence, to inspire a considerable number of interpretations by legal writers. The book’s precise aim is to unravel such ambiguity, arguing from the idea that FET has become part of the fabric of general international law, but has done so by means of a source somewhat neglected in legal doctrine. This being the category of general principles peculiar to a certain field of international law, i.e. those principles having their own foundations in the international legal order itself, but which, through the mediation of the judge, end up being shaped according to the features typical of a specific normative field. The book, as well as having a solid theoretical backdrop as its basis, offers a careful and critical analysis of pertinent case law, and will prove useful to both scholars and practitioners. Fulvio Maria Palombino is Professor of International Law at the Law Department of the University of Naples Federico II and a member of the Executive Board of the European Society of International Law.
International Investment Law
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Author : Tarcisio Gazzini
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-08-22
International Investment Law written by Tarcisio Gazzini and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-22 with Law categories.
Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.
Principles Of International Investment Law
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Author : Rudolf Dolzer
language : en
Publisher: Oxford University Press
Release Date : 2022-01-13
Principles Of International Investment Law written by Rudolf Dolzer and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-13 with Law categories.
This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor-State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students, scholars, and practitioners alike.
Fair And Equitable Treatment
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Author : Patrick Dumberry
language : en
Publisher:
Release Date : 2018
Fair And Equitable Treatment written by Patrick Dumberry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Investments, Foreign categories.
This book examines the interaction between the concept of the 'minimum standard of treatment' under custom and the fair and equitable treatment (FET) standard found in the vast majority of BITs. It also analyses whether the FET standard should be considered as a rule of customary international law.
The Interpretation Of International Investment Law
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Author : Todd Weiler
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-05-02
The Interpretation Of International Investment Law written by Todd Weiler and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-02 with Business & Economics categories.
In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law. This stimulating contribution to the discourse on interpretation of international investment law standards sheds new light on the formation of such primary obligations as fair and equitable treatment, protection and security and the customary international law minimum standard of treatment for aliens. Additionally, a thought-provoking historical analysis explains why a one-size-fits-all approach to obligations found in both trade and investment treaties, such as MFN treatment and national treatment, must be rejected. With a keen attention to detail, The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context reveals the dynamic relationship between historical analysis, critical theory and the construction of both customary and treaty norms in international investment law.
At The Margins Of Globalization
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Author : Sergio Puig
language : en
Publisher: Cambridge University Press
Release Date : 2021-05-13
At The Margins Of Globalization written by Sergio Puig and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-13 with Law categories.
This book explores how Indigenous Peoples are impacted by globalization and the cult of the individual that often accompanies the phenomenon.