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The Fair and Equitable Treatment Standard - A Guide to NAFTA Case Law on Article 1105 (Hardcover)
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The Fair and Equitable Treatment Standard - A Guide to NAFTA Case Law on Article 1105 (Hardcover)
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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
book'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 tribunals' 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 'minimum standard of treatment'
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;
General
Imprint: |
Kluwer Law International
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Country of origin: |
Netherlands |
Release date: |
December 2012 |
First published: |
October 2013 |
Authors: |
Patrick Dumberry
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Dimensions: |
249 x 163 x 25mm (L x W x T) |
Format: |
Hardcover - Cloth over boards
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Pages: |
364 |
ISBN-13: |
978-90-411-3288-8 |
Categories: |
Books >
Law >
Jurisprudence & general issues >
General
Promotions
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LSN: |
90-411-3288-0 |
Barcode: |
9789041132888 |
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