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Books > Law > International law > Settlement of international disputes > International arbitration
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The International Minimum Standard and Fair and Equitable Treatment (Paperback)
Loot Price: R1,636
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The International Minimum Standard and Fair and Equitable Treatment (Paperback)
Series: Oxford Monographs in International Law
Expected to ship within 12 - 17 working days
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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.
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