Fair And Equitable Treatment And The Rule Of 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.
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 International Convention On The Settlement Of Investment Disputes Icsid
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Author : Rainer Hofmann
language : en
Publisher: Nomos Verlagsgesellschaft
Release Date : 2007
The International Convention On The Settlement Of Investment Disputes Icsid written by Rainer Hofmann and has been published by Nomos Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Arbitrage (Droit international privé) categories.
Forty years after its formation, the regime established by the International Convention on the Settlement of Investment Disputes (ICSID) is thriving. ICSID's new prominence however has come at a price. Faced with sharply increasing numbers of investment claims, arbitral tribunals have been forced to re-think old, and confront new, problems. The contributions to this volume take stock of four decades of ICSID jurisprudence and assess some of the most pressing challenges facing the system of international investment protection. The topics covered include: --- the role of NGOs in ICSID dispute settlement --- the debate about an investment appellate court --- the overlap between investment law and WTO/human rights law --- recent trends in the jurisprudence on fair and equitable treatment as well as the nationality of claimants.
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.
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.
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.
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.
Comparative Reasoning In International Courts And Tribunals
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Author : Daniel Peat
language : en
Publisher: Cambridge University Press
Release Date : 2019-06-13
Comparative Reasoning In International Courts And Tribunals written by Daniel Peat 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 2019-06-13 with Law categories.
This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
General Principles Of Law And International Investment Arbitration
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Author : Andrea Gattini
language : en
Publisher: BRILL
Release Date : 2018-05-29
General Principles Of Law And International Investment Arbitration written by Andrea Gattini and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-29 with Law categories.
General Principles of Law in Investment Arbitration surveys the function of general principles in the field of international investment law, particularly in investment arbitration. The authors’ analysis provides a representative case study of how this informal source operates alongside and in the absence of other sources of applicable law. The contributions are divided into two parts, devoted respectively to substantive principles and procedural ones. The principles discussed in the book are selected for their currency in the practice, their contested nature and their relevance.
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.