Fair And Equitable Treatment And The Fabric Of General Principles
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Fair And Equitable Treatment And The Fabric Of General Principles
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Author : Fulvio Maria Palombino
language : en
Publisher: Springer
Release Date : 2017-11-27
Fair And Equitable Treatment And The Fabric Of General Principles written by Fulvio Maria Palombino and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-27 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. Specific to this book: • Explains the ICSID practice clearly and concisely • Useful in practical terms Excerpts from a review: ‘Fair and Equitable Treatment and the Fabric of General Principles’ is an original and well researched book, in which the author challenges a number of conventional wisdoms on FET.Among the strengths of the book one can mention the solid discussion of public international law principles relevant to FET and the interesting incursions into domestic law legal systems which play an important role in the understanding of FET components such as due process, legitimate expectations or proportionality. In particular the section on promises provides a convincing analysis of the issues that arise when the administration makes an assurance or representation to an investor. Against the backdrop of the examination of unilateral acts under public international law, Palombino’s analysis sheds new light on what ought to be the proper scope of protection under the legitimate expectations doctrine in case of governmental promises, clarifying a number of points which have received insufficient attention by arbitral tribunals thus far. - Michele Potestà, Attorney with Lévy Kaufmann-Kohler, Geneva; Senior Researcher, Geneva Center for International Dispute Settlement (CIDS) book review in International and Comparative Law Quarterly, (2018) 67(4), 1036-1037. For the full review, see: https://doi.org/10.1017/S0020589318000246
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.
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.
Fair And Equitable Treatment And The Rule Of Law
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Author : Velimir Živković
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-07-01
Fair And Equitable Treatment And The Rule Of Law written by Velimir Živković and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-01 with Law categories.
By comprehensively investigating the Fair and Equitable Treatment Standard (FET), this discerning book presents how this standard in investment treaty disputes can be both legally justified and realistically beneficial. It reflects on how FET jurisprudence can be advantageous to both the rule of law and to the legitimacy of the international investment regime.
Ysec Yearbook Of Socio Economic Constitutions 2020
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Author : Steffen Hindelang
language : en
Publisher: Springer Nature
Release Date : 2021-03-29
Ysec Yearbook Of Socio Economic Constitutions 2020 written by Steffen Hindelang and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-29 with Law categories.
This book presents the very first, interdisciplinarily grounded, comprehensive appraisal of a future “Common European Law on Investment Screening”. Thereby, it provides a foundation for a European administrative law framework for investment screening by setting out viable solutions and evaluating their pros and cons. Daimler, the harbour terminal in Zeebrugge, or Saxo Bank are only three recent examples of controversially discussed company takeovers in Europe. The “elephant in the room” is China and its “Belt and Road Initiative”. The political will in Europe is growing to more actively control investments flowing into the EU. The current regulatory initiatives raise several fundamental, constitutional and regulatory issues. Surprisingly, they have not been addressed in any depth so far. The book takes stock of the current rather fragmented regulatory approaches and combines contributions from leading international academics, practitioners, and policy makers in their respective fields. Due to the volume’s comprehensive approach, it is expected to influence the broader debate on the EU’s upcoming regulation of this matter. The book is addressed to participants from academia as well as to representatives from government, business, and civil society.
The Protection Of General Interests In Contemporary International Law
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Author : Massimo Iovane
language : en
Publisher: Oxford University Press
Release Date : 2021
The Protection Of General Interests In Contemporary International Law written by Massimo Iovane 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 2021 with Law categories.
This book explores the notions of global public goods, global commons, and fundamental values as conceptual tools for the protection of the general interests of the international community. It explores how states and other actors have used international law to protect general interests, and outlines significant challenges still to be addressed.
Investment Protection Standards And The Rule Of Law
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Author : August Reinisch
language : en
Publisher: Oxford University Press
Release Date : 2023
Investment Protection Standards And The Rule Of Law written by August Reinisch 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 2023 with Law categories.
This edited volume explores the connection between the rule of law and substantive standards of treatment in international investment agreements. It also analyses to what extent these standards of treatment can be understood as positive expressions of the rule of law.
Legal Sources In Business And Human Rights
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Author : Martina Buscemi
language : en
Publisher: BRILL
Release Date : 2020-06-02
Legal Sources In Business And Human Rights written by Martina Buscemi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-02 with Law categories.
Legal Sources in Business and Human Rights engages with some evolving trends that are currently affecting the international and EU law sources in the field of Business and Human Rights. Three main dynamics are detected and explored: the emergence of international legal obligations that are also binding on corporations (Part I); the growing participation of corporations in traditional international standard-setting and law-making processes and, in parallel, the emergence of atypical and heterogeneous law-making processes (Part II); the formal or substantive hardening of originally soft normative standards, through a multi-layered and multi-player law-making process (Part III). Interestingly, these trends concur to mitigate States’ reluctance to accept binding rules in this field, and to strengthen the effectiveness of soft international regulation.
Investment Arbitration And International Climate Change Law
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Author : Thomas Lehmann
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2025-04-23
Investment Arbitration And International Climate Change Law written by Thomas Lehmann 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 2025-04-23 with Law categories.
Climate change policies are triggering an increasing number of investment disputes, even as politi-cal concern grows that international investment treaties may impede climate change action. This in-dispensable book presents the first in-depth analysis of the nexus of international climate change law (ICCL) with investors’ legitimate expectations, offering practical ways to integrate ICCL in the resolution of energy investment disputes. Drawing on forty-two publicly available arbitral awards and on state-of-the-art doctrinal research, the author provides compelling new insights on the following: energy sector’s predominance in investment disputes; doctrinal debates on fair and equitable treatment; scope of energy investors’ legitimate expectations and ways to bridge divergent views; legal compatibility of ICCL with international investment law; impact of ICCL on energy investors’ legitimate expectations; Energy Charter Treaty reform and whether it supports net zero objectives; and investment arbitration as an instrument to enforce climate change commitments. An invaluable annex presents details of a range of energy disputes and awards, in-cluding decisions on legitimate expectations, investor due diligence, and climate change. This timely work provides key insights for arbitration practitioners and policymakers on the interplay between investment protection and climate change. The ordered structure of its presentation will be of immeasurable value to en-ergy investors and their counsel, government officials, arbitrators, and scholars.