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Fair and Equitable Treatment and the Fabric of General Principles (Hardcover, 1st ed. 2018)
Loot Price: R3,803
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Fair and Equitable Treatment and the Fabric of General Principles (Hardcover, 1st ed. 2018)
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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 Potesta, Attorney with Levy 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
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