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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.
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.
This book provides a comprehensive analysis of national security
exceptions in international trade and investment agreements. The
subject has gained particular relevance in the past few years, as
both the United States and the Russian Federation have invoked
national security as justification for trade-restrictive measures
in the context of WTO dispute settlement proceedings. The book
describes the evolution of security exceptions in international
economic law, from the GATT 1947 to the most recent economic
treaties, such as the 2017 Buenos Aires Protocol for Intra-Mercosur
Investment and the 2018 USMCA. Further, it presents an overview of
the rich array of adjudicatory practices addressing national
security clauses, covering the decisions of WTO dispute settlement
bodies, the ICJ, and numerous investment arbitral tribunals. To
this end, the book addresses the debates surrounding the alleged
self-judging character of security exceptions and the standards of
review applicable where the exception is considered to be
justiciable.
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