The Fair And Equitable Treatment Standard In The International Law Of Foreign Investment
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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 on Demand
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 on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law 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 Fair And Equitable Treatment Standard In The International Law Of Foreign Investment
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Author : Ioana Tudor
language : en
Publisher: OUP Oxford
Release Date : 2008-03-13
The Fair And Equitable Treatment Standard In The International Law Of Foreign Investment written by Ioana Tudor and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-13 with Law categories.
The treatment of foreign investors and of their investments on the territory of a host State is often subject to a bilateral investment treaty (BIT) signed by the national State of the investors and the host State. These BITs usually contain a clause in which the two States offer fair and equitable treatment (FET) to the foreign investors on their territory. Moreover, this clause has become a norm of customary law, implying that investors may rely on it even outside the context of the BIT. Foreign investors whose rights under this clause have not been respected may bring the State in front of an international tribunal. This book analyses not only the conventional and customary framework se the FET clause but also its scope and all its applications in the existing case law. This book tackles the standard of fair and equitable treatment by applying four conceptual frames: the legal basis of FET, its nature as a standard, its content and finally the implications of its breach. The first two chapters explore the two classical sources of international law as possible sources for FET. The main sources of FET lie in a rich conventional framework, mainly bilateral and regional. Yet the high number of BITs does not appear to offer a uniform model of FET clauses, quite the opposite; the book offers a classification of the FET clauses found in more than 400 BITs. Having concluded that the conventional framework is essential to FET, the book turns to the examination of the possible customary character of FET and argues that the view equating FET with the International Minimum Standard is erroneous and it limits the scope of FET. Alternatively, it suggests that the FET standard is an independent standard of customary nature. Then the book looks at the nature of FET, that of being a standard and retains three direct consequences for its meaning: its flexibility, the absence of a fixed content and its evolutionary character. With these three characteristics in mind, it proceeds to the third conceptual framework, the content of FET. Although no fixed content may be given to it, it identifies and develops each one of those situations in which the FET standard has already been applied. Finally, the last conceptual framework aims at discussing the final act of a FET claim, i.e. the amount of compensation awarded. It argues that FETis a standard which balances the interests and behaviours of both the States and the investors, at the stage of compensation.
The Fair And Equitable Treatment Fet Standard In International Investment Arbitration
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Author : Rumana Islam
language : en
Publisher: Springer
Release Date : 2018-09-18
The Fair And Equitable Treatment Fet Standard In International Investment Arbitration written by Rumana Islam and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-18 with Law categories.
This book presents comprehensive information on a range of issues in connection with the Fair and Equitable Treatment (FET) standard, with a particular focus on arbitral awards against host developing countries, thereby contributing to the available literature in this area of international investment law. It examines in detail the interpretation of the FET standard of key arbitral awards affecting host developing countries, demonstrating the full range of interpretation approaches adopted by the current investment tribunals. At the same time, the book offers valuable practical guidance for counsels/scholars representing host developing countries in investment arbitration, where balancing the competing interests of the foreign investors and the host developing countries in investment disputes poses a complex challenge. The book puts forward the pressing need for a re-conceptualized interpretation of the FET standard in tune with the developmental issues and challenges faced by host developing countries, recognizing these countries’ particular perspectives as an important and relevant aspect of investment disputes (often ignored by the current investment tribunals), while continuing to ensure reasonable protections for foreign investors and therefore serving the needs of the system as whole. The findings presented here will greatly benefit host developing countries engaged in investment arbitration. In addition, the book offers an insightful guide for all researchers whose work involves investment law and investment arbitration issues.
Fair And Equitable Treatment
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Author : Patrick Dumberry
language : en
Publisher: BRILL
Release Date : 2018-07-17
Fair And Equitable Treatment written by Patrick Dumberry and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-17 with Law 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.
Investment Treaty Law
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Author : Federico Ortino
language : en
Publisher: BIICL
Release Date : 2007
Investment Treaty Law written by Federico Ortino and has been published by BIICL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Appellate procedure categories.
In 2005, as part of its research activities in the field of investment treaty law and arbitration, the Investment Treaty Forum at the British Institute of International and Comparative Law organized two very successful public conferences in London addressing the issues of 'Nationality and Investment Treaty Claims' and 'Fair and Equitable Treatment in Investment Treaty Law.' This publication records the presentations given by very distinguished experts in the field. The first conference addressed a central issue in international law. Nationality sits at the heart of the debate over the rights and participation of private parties in international relations. In international investment law, nationality constitutes one of the central criteria defining the scope of application of international investment agreements such as the International Centre for Settlement of Investment Disputes (ICSID) Convention or the several thousands bilateral investment treaties (BITs) and free trade agreements (FTAs). Topics addressed at the conference include the issue of nationality of physical and legal persons, the requirements for substantive and continuous nationality, as well as the issue of nationality in derivative actions and indirect claims. The second conference dealt with potentially the most important and elusive obligation imposed on States by international investment treaties: the fair and equitable treatment standard. The elements that are usually cited by the case law and by legal scholars in the attempt to describe the meaning of the fair and equitable treatment standard include very broad concepts that are open to differing interpretations depending fundamentally on the perceived objectives of the international investment system. Among the topics addressed at the conference were the application of the fair and equitable treatment standard in customary international law and in investment treaty practice; equivalent standards under domestic administrative law; the relationship between the fair and equitable standard and expropriation; and the relevance of the conduct of the investor in determining a breach of the fair and equitable treatment standard.
Fair And Equitable Treatment
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Author : United Nations Conference on Trade and Development
language : en
Publisher:
Release Date : 2012
Fair And Equitable Treatment written by United Nations Conference on Trade and Development and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Discrimination categories.
"In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.
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.
The Fair And Equitable Treatment Standard
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Author : Patrick Dumberry
language : en
Publisher: Wolters Kluwer Law & Business
Release Date : 2013
The Fair And Equitable Treatment Standard written by Patrick Dumberry and has been published by Wolters Kluwer Law & Business this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Arbitration categories.
Since the entry into force of the North American Free Trade Agreement (NAFTA) in 1994, several arbitral tribunals have rendered awards dealing with claims of breach of Article 1105. Some of these awards have been very controversial and have had a tremendous impact on the development of the concept of fair and equitable treatment (FET) and the evolution of international investment law. Yet, in spite of the fundamental importance of these awards, no comprehensive study had been undertaken to determine the meaning and the content of the FET standard under NAFTA Article 1105. This bookand’s systematic analysis of the provision and its case law fills this analytical gap. Because Article 1105 is in many ways different from typical FET clauses contained within most investment treaties, the author examines the particular parameters under which it must be interpreted. He also analyzes how these specific features have influenced NAFTA tribunalsand’ interpretation of the provision, and how their assessments differ from awards rendered by other tribunals outside NAFTA. Among the issues treated in the course of the analysis are the following: the origin, development, nature and content of the concept of the and‘minimum standard of treatmentand’ and its interaction with the FET standard; the specific parameters under which Article 1105 must be interpreted, including contextual elements such as subsequent agreement and practice between the NAFTA Parties on matters of interpretation; the context in which the Free Trade Commission issued its Note of Interpretation in 2001 and how NAFTA tribunals have applied it; whether or not the concepts of legitimate expectations, transparency, arbitrary conduct, discriminatory conduct, good faith, denial of justice, and due process have been considered by NAFTA tribunals as specific elements of protection to be accorded to investors under Article 1105; the many facets of these elements and the threshold of severity that NAFTA tribunals have required for finding a breach of Article 1105; the interaction between Article 1105 and other NAFTA provisions on national treatment, Most-Favored-Nation treatment, and expropriation; and how NAFTA tribunals have assessed damages for breach of Article 1105. This comprehensive guide to NAFTA case law on Article 1105 is an important contribution to the on-going controversial debate about the scope and content of the FET standard under international law. It will be of great interest to counsel for investors and States as well as to arbitrators, academics and anyone interested in investor-State arbitration.
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.
The International Minimum Standard And Fair And Equitable Treatment
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Author : Martins Paparinskis
language : en
Publisher: Oxford University Press
Release Date : 2013-01-31
The International Minimum Standard And Fair And Equitable Treatment written by Martins 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.