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Full Protection and Security in International Investment Law (Hardcover, 1st ed. 2019)
Loot Price: R4,621
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Full Protection and Security in International Investment Law (Hardcover, 1st ed. 2019)
Series: European Yearbook of International Economic Law, 8
Expected to ship within 10 - 15 working days
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This book provides a comprehensive study of the standard of 'full
protection and security' (FPS) in international investment law.
Ever since the Germany-Pakistan BIT of 1959, almost every
investment agreement has included an FPS clause. FPS claims refer
to the most diverse factual settings, from terrorist attacks to
measures concerning concession contracts. Still, the FPS standard
has received far less scholarly attention than other obligations
under international investment law. Filling that gap, this study
examines the evolution of FPS from its medieval roots to the modern
age, delimits the scope of FPS in customary international law, and
analyzes the relationship between FPS and the concept of due
diligence in the law of state responsibility. It additionally
explores the interpretation and application of FPS clauses, drawing
particular attention to the diverse wording used in investment
treaties, the role ascribed to custom, and the interplay between
FPS and other treaty-based standards. Besides delivering a detailed
analysis of the FPS standard, this book also serves as a guide to
the relevant sources, providing an overview of numerous legal
instruments, examples of state practice, arbitral decisions, and
related academic publications about the standard.
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