The International Minimum Standard And Fair And Equitable Treatment
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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 Minimum Standard And Fair And Equitable Treatment
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Author : Martins Paparinskis
language : en
Publisher: OUP Oxford
Release Date : 2013-01-31
The International Minimum Standard And Fair And Equitable Treatment written by Martins Paparinskis and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-31 with Law categories.
Investment protection treaties generally provide for the obligation to treat investments fairly and equitably, even if the wording of the rule and its relationship with the customary international standard may differ. The open-textured nature of the rule, the ambiguous relationship between the vague treaty and equally vague customary rules, and States' interpretations of the content and relationship of both rules (not to mention the frequency of successful invocation by investors) make this issue one of the most controversial aspect of investment protection law. This monograph engages in a comprehensive analysis of the relationship between the international minimum standard and fair and equitable treatment. It provides an original argument about the historical development of the international standard, a normative rationale for reading it into the treaty rules of fair and equitable treatment, and a coherent methodology for establishing the content of this standard. The first part of this book untangles the history of both the international minimum standard and fair and equitable treatment. The second part addresses the normative framework within which the contemporary debate takes place. After an exhaustive review of all relevant sources, it is argued that the most persuasive reading of fair and equitable treatment is that it always makes a reference to customary law. The third part of the book builds on the historical analysis and the normative framework, explaining the content of the contemporary standard by careful comparative human rights analysis.
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
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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.
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.
International Investment Law
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Author : Arnaud de Nanteuil
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-02-28
International Investment Law written by Arnaud de Nanteuil 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 2020-02-28 with Law categories.
This comprehensive book provides a complete overview of the international legal system of foreign investment protection, synthesising material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection. Through this systematic approach, the book considers all aspects of the discipline, providing a thorough and accessible analysis.
Denial Of Justice In International Law
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Author : Jan Paulsson
language : en
Publisher: Cambridge University Press
Release Date : 2005-10-06
Denial Of Justice In International Law written by Jan Paulsson 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 2005-10-06 with Law categories.
Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.
International Protection Of Investments
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Author : August Reinisch
language : en
Publisher: Cambridge University Press
Release Date : 2020-06-30
International Protection Of Investments written by August Reinisch 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 2020-06-30 with Law categories.
This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.
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.