'Fair and Equitable Treatment' in International Investment Law (Cambridge Studies in International and Comparative Law) Roland Kläger » holypet.ru

'Fair and Equitable Treatment' in International Investment Law.

978-0-521-19771-7 - Fair and Equitable Treatment in International Investment Law Roland Kläger Frontmatter More informatio n cambridge studies in international and comparative law Established in 1946, this series produces high-quality scholarship in the fields of public and private international law and comparative law. Although. It has therefore become a controversial norm, which touches many questions at the heart of general international law. In this book, Roland Kläger 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. As one of the most rapidly growing fields of international law, fair and equitable treatment is central to international investment law. Roland Kläger sheds light on the many controversial questions at the heart of general international law which have been raised by breaches of. In this vein, a shift in the way of addressing fair and equitable treatment is proposed by focusing on the process of justificatory reasoning."Cambridge Studies in International and Comparative Law: 'Fair and Equitable Treatment' in International Investment Law Hardcover. Get this from a library! 'Fair and Equitable Treatment' in International Investment Law. [Roland Kläger] -- "Fair and Equitable Treatment in International Investment Law A breach of fair and equitable treatment is alleged in almost every investor-state dispute. It has therefore become a controversial norm.

Aug 23, 2017 · He argues that in the context of NAFTA, fair and equitable treatment is contingent on the international minimum standard and that this involves a higher threshold of liability compared to other provisions of fair and equitable treatment. Kläger, Roland. “Fair and Equitable Treatment” in International Investment Law. Cambridge Studies in. Klager, Roland, 1982– ‘Fair andEquitableTreatment’inInternationalInvestmentLaw/ RolandKlager. p. cm. – Cambridge Studies in International and Comparative Law ISBN 978-0-521-19771-7 hardback 1. Arbitration and award, International. 2. Investments, Foreign International law. 3. Investments, Foreign – Law and legislation. 4. Dec 31, 2018 · Some tribunals have found that the Fair and Equitable Treatment clause can be equated with the minimum standard of treatment of foreign investment required under customary international law. Other tribunals have viewed it as autonomous, ruling that the standard should be taken in its plain meaning, and in light of the object and purpose of the. International investment law has therefore increased in importance and has become the means by which states grant investors in their terri-tory a stable and secure environment to develop their investment. Fair and Equitable Treatment, an important aspect of international invest-ment law, has become increasingly important in the last 60 years.

Fair and Equitable Treatment in International Investment Agreements Fiona Marshall Consultant, International Institute for Sustainable Development 1. Introduction The fair and equitable treatment standard is now a key element of international law on the protection of investors and their investments. Oct 10, 2013 · 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.

Cambridge Studies in International and Comparative Law.

United Mexican States case standard of outrageous treatment where the issue is the treatment of foreign investment by the State itself’ in part because ‘the status of the individual in international law, and the international protection of foreign investments, were far less developed [in the 1920s] than they have since come to be’. 'Fair and Equitable Treatment' in International Investment Law. by Roland Kläger. Cambridge Studies in International and Comparative Law Book 83 Thanks for Sharing! You submitted the following rating and review. We'll publish them on our site once we've reviewed them. View More View Less. 1 1Roland Kläger, First Legal State Exam Freiburg, is a Doctoral Candidate at the University of Tübingen and a Trainee Lawyer in Frankfurt. He was a Research Fellow at the Institute for Public Law Section 1: European and Public International Law, University of Freiburg, and a Visiting Fellow at the Lauterpacht Centre for International Law, University of Cambridge. The Fair and Equitable Treatment Standard in International Investment Agreements The objective of this thesis is to examine how the fair and equitable treatment standard in international investment agreements has evolved over the years and what role the standard plays in international investment law. 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 Kla⁺ger sheds light on these controversies by exploring the deeper doctrinal foundations of fair and equitable treatment and reviewing its contentious.

Apr 06, 2013 · The International Minimum Standard and Fair and Equitable Treatment Martins Paparinskis Oxford Monographs in International Law. Contains a new preface to the paperback, and a discussion of the book from the EJIL Talk! blog; Provides an original perspective on one of the most important and controversial aspects of investment protection law. Get this from a library! 'Fair and Equitable Treatment' in International Investment Law. [Roland Kläger] -- "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.

Jun 23, 2011 · Buy 'Fair and Equitable Treatment' in International Investment Law Cambridge Studies in International and Comparative Law by Roland Kläger ISBN: 9780521197717 from Amazon's Book Store. Everyday low prices and free delivery on eligible orders. Jan 24, 2017 · Abstract. The book addresses two questions which have been debated by scholars in the last 20 years regarding the fair and equitable treatment ‘ fet ’ standard found in bit s. It examines the interaction between the ‘minimum standard of treatment’ mst and the fet standard.It first analyses the fascinating story of how the concept of the mst emerged in the early 20th Century, its. 'Fair and Equitable Treatment' in International Investment Law. por Roland Kläger. Cambridge Studies in International and Comparative Law Book 83 ¡Gracias por compartir! Has enviado la siguiente calificación y reseña. Lo publicaremos en nuestro sitio después de haberla revisado.

A note analysing the fair and equitable treatment standard in international investment law, including comparisons with other standards of treatment. Free Practical Law trial To access this resource, sign up for a free trial of Practical Law. Buy Fair and Equitable Treatment in International Investment Law, by Roland Kläger, ISBN 9780521197717, published by Cambridge University Press from, the World's Legal Bookshop. Shipping in the UK is free. Competitive shipping rates world-wide. Fair and equitable treatment is one of the most important rules of international investment law, yet the vagueness of its textual expression causes considerable problems in interpretation and application. In the absence of clear textual guidance, tribunals and legal writers have sometimes turned to more general concepts such as good faith and abuse of rights.

Fair and Equitable TreatmentA Look at the Theoretical.

7. See Stephen Vasciannie in “The Fair and Equitable Treatment Standard in International Investment Law and Practice” in the British Yearbook of International Law, 2000, vol. 70, pp. 99-164. 8. In addition, it provided that Parties would not set up “unreasonable or unjustified impediments that. Sep 01, 2004 · Fair and Equitable Treatment Standard in International Investment Law The obligation to provide “fair and equitable treatment” is often stated, together with other standards, as part of the protection due to foreign direct investment by host countries. May 11, 2008 · The treatment of foreign investors and of their investments on the territory of a host State is often subject to a bilateral investment treaty BIT signed by the national State of the investors and the host State. These BITs usually contain a clause in which the two States offer fair and equitable treatment FET to the foreign investors on their territory. See Stephen Vasciannie in, The Fair and Equitable Treatment Standard in International Investment Law and Practice, the British Yearbook of International Law, 2000, vol. 70, pp. 99-164. ˙ ˝ ˝ ˝ ˇ ˛ ˇˆ ˚˜ ! " F&E ˇ ˛ ee Vandevelde The Bilateral Treaty Program of the United States, Cornell International Law Journal, 21 1988 pp. 201-76.

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