Search Results for: fair and equitable treatment in international investment law

Fair And Equitable Treatment In International Investment Law

 Fair and Equitable Treatment  in International Investment Law PDF
Author: Roland Kläger
Publisher: Cambridge University Press
Size: 29.62 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 361
View: 2133

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Fair And Equitable Treatment In International Investment Law Book Description

by Roland Kläger, Fair And Equitable Treatment In International Investment Law Books available in PDF, EPUB, Mobi Format. Download Fair And Equitable Treatment In International Investment Law books, This book looks at fair and equitable treatment as a key standard of international investment law.


The Fair And Equitable Treatment Standard In The International Law Of Foreign Investment

The Fair and Equitable Treatment Standard in the International Law of Foreign Investment PDF
Author: Ioana Tudor
Publisher: OUP Oxford
Size: 20.15 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 348
View: 4240

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The Fair And Equitable Treatment Standard In The International Law Of Foreign Investment Book Description

by Ioana Tudor, The Fair And Equitable Treatment Standard In The International Law Of Foreign Investment Books available in PDF, EPUB, Mobi Format. Download The Fair And Equitable Treatment Standard In The International Law Of Foreign Investment books, 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. Moreover, this clause has become a norm of customary law, implying that investors may rely on it even outside the context of the BIT. Foreign investors whose rights under this clause have not been respected may bring the State in front of an international tribunal. This book analyses not only the conventional and customary framework se the FET clause but also its scope and all its applications in the existing case law. This book tackles the standard of fair and equitable treatment by applying four conceptual frames: the legal basis of FET, its nature as a standard, its content and finally the implications of its breach. The first two chapters explore the two classical sources of international law as possible sources for FET. The main sources of FET lie in a rich conventional framework, mainly bilateral and regional. Yet the high number of BITs does not appear to offer a uniform model of FET clauses, quite the opposite; the book offers a classification of the FET clauses found in more than 400 BITs. Having concluded that the conventional framework is essential to FET, the book turns to the examination of the possible customary character of FET and argues that the view equating FET with the International Minimum Standard is erroneous and it limits the scope of FET. Alternatively, it suggests that the FET standard is an independent standard of customary nature. Then the book looks at the nature of FET, that of being a standard and retains three direct consequences for its meaning: its flexibility, the absence of a fixed content and its evolutionary character. With these three characteristics in mind, it proceeds to the third conceptual framework, the content of FET. Although no fixed content may be given to it, it identifies and develops each one of those situations in which the FET standard has already been applied. Finally, the last conceptual framework aims at discussing the final act of a FET claim, i.e. the amount of compensation awarded. It argues that FETis a standard which balances the interests and behaviours of both the States and the investors, at the stage of compensation.


Fair And Equitable Treatment Standard In International Investment Law

Fair and Equitable Treatment Standard in International Investment Law PDF
Author: Organisation for Economic Co-operation and Development
Publisher:
Size: 76.38 MB
Format: PDF, Kindle
Category : Finance and Investment
Languages : en
Pages : 41
View: 1520

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Fair And Equitable Treatment Standard In International Investment Law Book Description

by Organisation for Economic Co-operation and Development, Fair And Equitable Treatment Standard In International Investment Law Books available in PDF, EPUB, Mobi Format. Download Fair And Equitable Treatment Standard In International Investment Law books, 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. It is an "absolute", "non-contingent" standard of treatment, i.e. a standard that states the treatment to be accorded in terms whose exact meaning has to be determined, by reference to specific circumstances of application, as opposed to the "relative" standards embodied in "national treatment" and "most favoured nation" principles which define the required treatment by reference to the treatment accorded to other investment1. Although some references to the standard can be found in the first negotiating attempts of multilateral trade and investment instruments, it became established as a principle mainly through the increasing network of bilateral investment treaties. The obligation of the parties to investment agreements to provide to each other's investments "fair and equitable treatment" ...


Investment Treaty Law

Investment Treaty Law PDF
Author: Federico Ortino
Publisher: BIICL
Size: 40.56 MB
Format: PDF, Docs
Category : Business & Economics
Languages : en
Pages : 261
View: 1507

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Investment Treaty Law Book Description

by Federico Ortino, Investment Treaty Law Books available in PDF, EPUB, Mobi Format. Download Investment Treaty Law books, In 2005, as part of its research activities in the field of investment treaty law and arbitration, the Investment Treaty Forum at the British Institute of International and Comparative Law organized two very successful public conferences in London addressing the issues of 'Nationality and Investment Treaty Claims' and 'Fair and Equitable Treatment in Investment Treaty Law.' This publication records the presentations given by very distinguished experts in the field. The first conference addressed a central issue in international law. Nationality sits at the heart of the debate over the rights and participation of private parties in international relations. In international investment law, nationality constitutes one of the central criteria defining the scope of application of international investment agreements such as the International Centre for Settlement of Investment Disputes (ICSID) Convention or the several thousands bilateral investment treaties (BITs) and free trade agreements (FTAs). Topics addressed at the conference include the issue of nationality of physical and legal persons, the requirements for substantive and continuous nationality, as well as the issue of nationality in derivative actions and indirect claims. The second conference dealt with potentially the most important and elusive obligation imposed on States by international investment treaties: the fair and equitable treatment standard. The elements that are usually cited by the case law and by legal scholars in the attempt to describe the meaning of the fair and equitable treatment standard include very broad concepts that are open to differing interpretations depending fundamentally on the perceived objectives of the international investment system. Among the topics addressed at the conference were the application of the fair and equitable treatment standard in customary international law and in investment treaty practice; equivalent standards under domestic administrative law; the relationship between the fair and equitable standard and expropriation; and the relevance of the conduct of the investor in determining a breach of the fair and equitable treatment standard.


The Right Of States To Regulate In International Investment Law

The Right of States to Regulate in International Investment Law PDF
Author: Yulia Levashova
Publisher: Kluwer Law International B.V.
Size: 34.51 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 320
View: 432

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The Right Of States To Regulate In International Investment Law Book Description

by Yulia Levashova, The Right Of States To Regulate In International Investment Law Books available in PDF, EPUB, Mobi Format. Download The Right Of States To Regulate In International Investment Law books, Due to the ongoing recent expansion of public interest issues worldwide, the state’s right to regulate has been recaptured as a prominent concept in international investment law. The fair and equitable treatment (FET) standard provision in the text of an international investment agreement (IIA) has become a detailed clause clarifying the specific obligations of a state towards an investor under the FET standard. However, striking the right balance between the interests of host states and investors in these new treaty formulations has proved to be challenging. This book greatly clarifies the field by offering the in-depth analysis of the application of the state’s right to regulate in relation to FET standard provisions in IIAs and to decisions by arbitral tribunals in FET cases. Recognising that the role of tribunals is to balance the state’s public interests and the interests of the investor when interpreting and applying the FET standard, the author pursues such seminal issues and topics as the following: the legitimacy of the objective of the state’s measure; obligations and responsibilities of investors towards a host state; the nature and impact of a change to a national regulatory framework; special economic and sociopolitical circumstances in a host state; and due diligence and risk assessment as a condition for the protection of an investor’s legitimate expectations. Multiple IIAs concluded by the OECD Member States, as well by Russia and China between the developing countries, and the prominent investment law cases on the FET standard are examined in detail. The analysis pays particular attention to how investment jurisprudence in FET cases has been reflected in such new IIAs as the Comprehensive Economic and Trade Agreement between the European Union (EU) and Canada (CETA), the EU-Vietnam FTA and the EU-Singapore FTA. These case studies demonstrate the evolution of the IIAs’ FET standard provisions and how they balance the application of the FET standard and the state’s right to regulate. Suggestions are provided for drafting formulations of the FET standard that can contribute to achieving such a balance. In the clear light it sheds on the legal conditions under which states may regulate in the public interest and its contribution to the reforms that are currently taking place in the field of international investment law, this book constitutes an exemplary framework to evaluate investment decisions on the FET standard and the right to regulate. It is sure to prove extremely useful for practitioners who work on investment cases, policymakers involved in negotiating and drafting of IIAs, policy advisors of governmental and non-governmental organisations and academics in international investment law.


Fair And Equitable Treatment And The Fabric Of General Principles

Fair and Equitable Treatment and the Fabric of General Principles PDF
Author: Fulvio Maria Palombino
Publisher: Springer
Size: 59.28 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 189
View: 3978

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Fair And Equitable Treatment And The Fabric Of General Principles Book Description

by Fulvio Maria Palombino, Fair And Equitable Treatment And The Fabric Of General Principles Books available in PDF, EPUB, Mobi Format. Download Fair And Equitable Treatment And The Fabric Of General Principles books, This book moves from the circumstance whereby currently the obligation to provide fair and equitable treatment (FET) to foreign investments is included in the majority of international investment agreements and has proved to be the most invoked standard in investor-State arbitration. Hence, it is no overstatement to describe this standard as the basic norm of international investment law. Yet both its meaning and normative basis continue to be shrouded in ambiguity and, as a consequence, to inspire a considerable number of interpretations by legal writers. The book’s precise aim is to unravel such ambiguity, arguing from the idea that FET has become part of the fabric of general international law, but has done so by means of a source somewhat neglected in legal doctrine. This being the category of general principles peculiar to a certain field of international law, i.e. those principles having their own foundations in the international legal order itself, but which, through the mediation of the judge, end up being shaped according to the features typical of a specific normative field. The book, as well as having a solid theoretical backdrop as its basis, offers a careful and critical analysis of pertinent case law, and will prove useful to both scholars and practitioners. Fulvio Maria Palombino is Professor of International Law at the Law Department of the University of Naples Federico II and a member of the Executive Board of the European Society of International Law.


Fair And Equitable Treatment In International Trade And Investment Law 1919 1956

Fair and Equitable Treatment in International Trade and Investment Law  1919 1956 PDF
Author: Mona Pinchis-Paulsen
Publisher:
Size: 61.62 MB
Format: PDF, ePub, Docs
Category :
Languages : en
Pages :
View: 1486

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Fair And Equitable Treatment In International Trade And Investment Law 1919 1956 Book Description

by Mona Pinchis-Paulsen, Fair And Equitable Treatment In International Trade And Investment Law 1919 1956 Books available in PDF, EPUB, Mobi Format. Download Fair And Equitable Treatment In International Trade And Investment Law 1919 1956 books,


The Protection Of Legitimate Expectations In International Investment Law

The Protection of Legitimate Expectations in International Investment Law PDF
Author: Marcin Kałduński
Publisher: Wydawnictwo Naukowe Uniwersytetu Mikołaja Kopernika
Size: 26.50 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : pl
Pages :
View: 4850

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The Protection Of Legitimate Expectations In International Investment Law Book Description

by Marcin Kałduński, The Protection Of Legitimate Expectations In International Investment Law Books available in PDF, EPUB, Mobi Format. Download The Protection Of Legitimate Expectations In International Investment Law books, The book examines the conception of legitimate expectations in international investment law under the fair and equitable treatment. The author examines the purpose, content and elements of legitimate expectations. He also analyses the case law to identify and explain the protection granted to expectations of foreign investors under investment treaties. To this end, the book distinguishes the core elements of legitimate expectations, with particular attention being given both to the conduct of the host State and legitimacy of expectations, and provides a detailed analysis of these issues to consider whether good faith forms the basis for the protection of legitimate expectations. Combining a jurisprudential analysis of the case law arising in international tribunals with a dogmatic and scholar approach, this book offers a thought-provoking study of the protection of legitimate expectations, for students and practitioners alike. This book was prepared by the author in his personal capacity. The opinions expressed in the book are the author’s own and do not reflect the view of any other person or entity. Marcin Kałduński is Professor of International Law at the Nicolaus Copernicus University (Toruń, Poland) and Counsel at the General Counsel to the Republic of Poland. He teaches international law and acts as counsel in investment arbitration.


The Fair And Equitable Treatment Fet Standard In International Investment Arbitration

The Fair and Equitable Treatment  FET  Standard in International Investment Arbitration PDF
Author: Rumana Islam
Publisher: Springer
Size: 33.43 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 202
View: 6731

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The Fair And Equitable Treatment Fet Standard In International Investment Arbitration Book Description

by Rumana Islam, The Fair And Equitable Treatment Fet Standard In International Investment Arbitration Books available in PDF, EPUB, Mobi Format. Download The Fair And Equitable Treatment Fet Standard In International Investment Arbitration books, 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.


Great Expectations

Great expectations PDF
Author: Ioana Tudor
Publisher:
Size: 62.17 MB
Format: PDF, ePub
Category : Investments, Foreign (International law)
Languages : de
Pages : 390
View: 6367

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Great Expectations Book Description

by Ioana Tudor, Great Expectations Books available in PDF, EPUB, Mobi Format. Download Great Expectations books,