Skip to main content Site map

International Minimum Standard and Fair and Equitable Treatment, The


International Minimum Standard and Fair and Equitable Treatment, The

Paperback by Paparinskis, Martins (Lecturer, University College London)

International Minimum Standard and Fair and Equitable Treatment, The

£57.00

ISBN:
9780198732167
Publication Date:
18 Sep 2014
Language:
English
Publisher:
Oxford University Press
Pages:
350 pages
Format:
Paperback
For delivery:
Estimated despatch 21 - 26 May 2024
International Minimum Standard and Fair and Equitable Treatment, The

Description

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.

Contents

INTRODUCTION; PART I. DEVELOPMENT OF THE INTERNATIONAL MINIMUM STANDARD; PART II. SOURCE OF THE INTERNATIONAL MINIMUM STANDARD; PART III. CONTENT OF THE INTERNATIONAL MINIMUM STANDARD; CONCLUSION; APPENDIX: EJIL TALK! BLOG DISCUSSION

Back

University of Salford logo