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'Fair and Equitable Treatment' in International Investment Law (Hardcover, New)
Loot Price: R1,997
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'Fair and Equitable Treatment' in International Investment Law (Hardcover, New)
Series: Cambridge Studies in International and Comparative Law
Expected to ship within 12 - 17 working days
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A breach of fair and equitable treatment is alleged in almost every
investor-state dispute. It has therefore become a controversial
norm, which touches many questions at the heart of general
international law. In this book, Roland Klager sheds light on these
controversies by exploring the deeper doctrinal foundations of fair
and equitable treatment and reviewing its contentious relationship
with the international minimum standard. The norm is also discussed
in light of the fragmentation of international law, theories of
international justice and rational balancing, and the idea of
constitutionalism in international law. In this vein, a shift in
the way of addressing fair and equitable treatment is proposed by
focusing on the process of justificatory reasoning.
General
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