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The Fair and Equitable Treatment Standard in the International Law of Foreign Investment

2008 Business & Economics
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Release : 2008
Genre : Business & Economics
Kind : eBook
Book Rating : 066/5 ( reviews)

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Book Synopsis The Fair and Equitable Treatment Standard in the International Law of Foreign Investment by : Ioana Tudor

Download or read book The Fair and Equitable Treatment Standard in the International Law of Foreign Investment written by Ioana Tudor. This book was released on 2008. Available in PDF, EPUB and Kindle. Book excerpt: This text analyses the conventional and customary framework of the fair and equitable treatment clauses commonly found in bilateral investment treaties (BITs) and charts how these clauses have become norms of customary international law.

Fair and Equitable Treatment

2018-07-17 Law
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Release : 2018-07-17
Genre : Law
Kind : eBook
Book Rating : 121/5 ( reviews)

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Book Synopsis Fair and Equitable Treatment by : Patrick Dumberry

Download or read book Fair and Equitable Treatment written by Patrick Dumberry. This book was released on 2018-07-17. Available in PDF, EPUB and Kindle. Book excerpt: The fair and equitable treatment (‘FET’) standard is a type of protection found in BITs which has become in the last decades one of the most controversial provisions examined by arbitral tribunals. This book first examines the interaction between the ‘minimum standard of treatment’ (MST) and the FET standard and the question why States started referring to the former in their BITs. It also addresses the question whether the FET should be considered as an autonomous standard of protection under BITs. This book also examines the controversial proposition that the FET standard should now be considered as a rule of customary international law. I will show that while the practice of States to include FET clauses in their BITs can be considered as general, widespread and representative, it remains that it is not uniform and consistent enough for the standard to have crystallised into a customary rule. States also lack the necessary opinio juris when including the clause in their BITs.

'Fair and Equitable Treatment' in International Investment Law

2011-06-23 Law
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Release : 2011-06-23
Genre : Law
Kind : eBook
Book Rating : 716/5 ( reviews)

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Book Synopsis 'Fair and Equitable Treatment' in International Investment Law by : Roland Kläger

Download or read book 'Fair and Equitable Treatment' in International Investment Law written by Roland Kläger. This book was released on 2011-06-23. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at fair and equitable treatment as a key standard of international investment law.

The Fair and Equitable Treatment (FET) Standard in International Investment Arbitration

2018-09-18 Law
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Release : 2018-09-18
Genre : Law
Kind : eBook
Book Rating : 256/5 ( reviews)

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Book Synopsis The Fair and Equitable Treatment (FET) Standard in International Investment Arbitration by : Rumana Islam

Download or read book The Fair and Equitable Treatment (FET) Standard in International Investment Arbitration written by Rumana Islam. This book was released on 2018-09-18. Available in PDF, EPUB and Kindle. Book excerpt: This book presents comprehensive information on a range of issues in connection with the Fair and Equitable Treatment (FET) standard, with a particular focus on arbitral awards against host developing countries, thereby contributing to the available literature in this area of international investment law. It examines in detail the interpretation of the FET standard of key arbitral awards affecting host developing countries, demonstrating the full range of interpretation approaches adopted by the current investment tribunals. At the same time, the book offers valuable practical guidance for counsels/scholars representing host developing countries in investment arbitration, where balancing the competing interests of the foreign investors and the host developing countries in investment disputes poses a complex challenge. The book puts forward the pressing need for a re-conceptualized interpretation of the FET standard in tune with the developmental issues and challenges faced by host developing countries, recognizing these countries’ particular perspectives as an important and relevant aspect of investment disputes (often ignored by the current investment tribunals), while continuing to ensure reasonable protections for foreign investors and therefore serving the needs of the system as whole. The findings presented here will greatly benefit host developing countries engaged in investment arbitration. In addition, the book offers an insightful guide for all researchers whose work involves investment law and investment arbitration issues.

Fair and Equitable Treatment

2012 Discrimination
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Release : 2012
Genre : Discrimination
Kind : eBook
Book Rating : 277/5 ( reviews)

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Book Synopsis Fair and Equitable Treatment by : United Nations Conference on Trade and Development

Download or read book Fair and Equitable Treatment written by United Nations Conference on Trade and Development. This book was released on 2012. Available in PDF, EPUB and Kindle. Book excerpt: "In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.

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