[Full Book] 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
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Publisher: Oxford University Press on Demand
Author: Ioana Tudor
Category : Law
Languages : en
Pages : 315

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

Fair And Equitable Treatment In International Investment Law 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, 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.


[Full Book] Fair And Equitable Treatment In International Investment Law

 Fair and Equitable Treatment  in International Investment Law PDF
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Publisher: Cambridge University Press
Author: Roland Kläger
Category : Law
Languages : en
Pages : 361

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Fair And Equitable Treatment In International Investment Law

Fair And Equitable Treatment In International Investment Law 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.


[Full Book] The Fair And Equitable Treatment Fet Standard In International Investment Arbitration

The Fair and Equitable Treatment  FET  Standard in International Investment Arbitration PDF
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Publisher: Springer
Author: Rumana Islam
Category : Law
Languages : en
Pages : 202

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The Fair And Equitable Treatment Fet Standard In International Investment Arbitration

Fair And Equitable Treatment In International Investment Law 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.


[Full Book] Fair And Equitable Treatment

Fair and Equitable Treatment PDF
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Publisher: United Nations Publications
Author:
Category : Political Science
Languages : en
Pages : 141

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Fair And Equitable Treatment

Fair And Equitable Treatment In International Investment Law by , Fair And Equitable Treatment Books available in PDF, EPUB, Mobi Format. Download Fair And Equitable Treatment books, The concept of fair and equitable treatment, which has assumed prominence in investment relations between States, provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. In addition to discussing this issue, the publication also takes stock and analysis of: trends in the use of the standards; and models based on State practice. The publication also gives insight into the interaction of fair and equitable treatment standard with other issues and concepts that arise in investment practice.


[Full Book] International Investment Law A Changing Landscape A Companion Volume To International Investment Perspectives

International Investment Law  A Changing Landscape A Companion Volume to International Investment Perspectives PDF
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Publisher: OECD Publishing
Author: OECD
Category :
Languages : en
Pages : 161

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International Investment Law A Changing Landscape A Companion Volume To International Investment Perspectives

Fair And Equitable Treatment In International Investment Law by OECD, International Investment Law A Changing Landscape A Companion Volume To International Investment Perspectives Books available in PDF, EPUB, Mobi Format. Download International Investment Law A Changing Landscape A Companion Volume To International Investment Perspectives books, Presents four studies on international investment law: one on transparency, one on the fair and equitable treatment standard, one on indirect expropriation and the right to regulate, and one on most favoured nation treatment.


[Full Book] Fair And Equitable Treatment Standard In International Investment Law

Fair and Equitable Treatment Standard in International Investment Law PDF
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Publisher:
Author:
Category :
Languages : en
Pages :

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Fair And Equitable Treatment Standard In International Investment Law

Fair And Equitable Treatment In International Investment Law by , 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" ...


[Full Book] The Right Of States To Regulate In International Investment Law

The Right of States to Regulate in International Investment Law PDF
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Publisher: Kluwer Law International B.V.
Author: Yulia Levashova
Category : Law
Languages : en
Pages : 320

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The Right Of States To Regulate In International Investment Law

Fair And Equitable Treatment In International Investment Law 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.


[Full Book] Fair And Equitable Treatment Standard In International Investment Law

Fair and Equitable Treatment Standard in International Investment Law PDF
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Publisher:
Author: Organisation for Economic Co-operation and Development
Category : Finance and Investment
Languages : en
Pages : 41

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Fair And Equitable Treatment Standard In International Investment Law

Fair And Equitable Treatment In International Investment Law 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" ...


[Full Book] The Foundations Of International Investment Law

The Foundations of International Investment Law PDF
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Publisher: OUP Oxford
Author: Zachary Douglas
Category : Law
Languages : en
Pages : 586

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The Foundations Of International Investment Law

Fair And Equitable Treatment In International Investment Law by Zachary Douglas, The Foundations Of International Investment Law Books available in PDF, EPUB, Mobi Format. Download The Foundations Of International Investment Law books, International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.


[Full Book] Investment Treaty Law

Investment Treaty Law PDF
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Publisher: BIICL
Author: Federico Ortino
Category : Business & Economics
Languages : en
Pages : 261

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Investment Treaty Law

Fair And Equitable Treatment In International Investment Law 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.


[Full Book] 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
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Publisher: OUP Oxford
Author: Ioana Tudor
Category : Law
Languages : en
Pages : 348

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

Fair And Equitable Treatment In International Investment Law 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.


[Full Book] Human Rights In International Investment Law And Arbitration

Human Rights in International Investment Law and Arbitration PDF
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Publisher: Oxford University Press
Author: Pierre-Marie Dupuy
Category : Law
Languages : en
Pages : 597

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Human Rights In International Investment Law And Arbitration

Fair And Equitable Treatment In International Investment Law by Pierre-Marie Dupuy, Human Rights In International Investment Law And Arbitration Books available in PDF, EPUB, Mobi Format. Download Human Rights In International Investment Law And Arbitration books, There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights and protection standards.


[Full Book] The International Minimum Standard And Fair And Equitable Treatment

The International Minimum Standard and Fair and Equitable Treatment PDF
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Publisher: OUP Oxford
Author: Martins Paparinskis
Category : Law
Languages : en
Pages : 320

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The International Minimum Standard And Fair And Equitable Treatment

Fair And Equitable Treatment In International Investment Law by Martins Paparinskis, The International Minimum Standard And Fair And Equitable Treatment Books available in PDF, EPUB, Mobi Format. Download The International Minimum Standard And Fair And Equitable Treatment books, 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.


[Full Book] Shifting Paradigms In International Investment Law

Shifting Paradigms in International Investment Law PDF
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Publisher: Oxford University Press
Author: Steffen Hindelang
Category : Law
Languages : en
Pages : 430

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Shifting Paradigms In International Investment Law

Fair And Equitable Treatment In International Investment Law by Steffen Hindelang, Shifting Paradigms In International Investment Law Books available in PDF, EPUB, Mobi Format. Download Shifting Paradigms In International Investment Law books, International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.


[Full Book] Human Rights In International Investment Law And Arbitration

Human Rights in International Investment Law and Arbitration PDF
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Publisher: OUP Oxford
Author: Pierre-Marie Dupuy
Category : Law
Languages : en
Pages : 646

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Human Rights In International Investment Law And Arbitration

Fair And Equitable Treatment In International Investment Law by Pierre-Marie Dupuy, Human Rights In International Investment Law And Arbitration Books available in PDF, EPUB, Mobi Format. Download Human Rights In International Investment Law And Arbitration books, This book offers a systematic analysis of the interaction between international investment law, investment arbitration and human rights, including the role of national and international courts, investor-state arbitral tribunals and alternative jurisdictions, the risks of legal and jurisdictional fragmentation, the human rights dimensions of investment law and arbitration, and the relationships of substantive and procedural principles of justice to international investment law. Part I summarizes the main conclusions of the 24 book chapters and places them into the broader context of the principles of justice, global administrative law and multilevel constitutionalism that may be relevant for the administration of justice in international economic law and investor-state arbitration. Part II includes contributions clarifying the constitutional dimensions of transnational investment disputes and investor-state arbitration, as reflected in the increasing number of arbitral awards and amicus curiae submissions addressing human rights concerns. Part III addresses the need for principle-oriented ordering and the normative congruence of diverse national, regional and worldwide legal regimes, focusing on the pertinent dispute settlement practices and legal interpretation methods of regional economic courts and human rights courts, which increasingly interpret international economic law with due regard to human rights obligations of the governments concerned. Part IV includes twelve case studies on the potential human rights dimensions of specific protection standards (e.g. fair and equitable treatment, non-discrimination), applicable law (e.g. national and international human rights law, rules on corporate social accountability), procedural law issues (e.g. amicus curiae submissions) and specific fundamental rights (e.g. the protection of human health, access to water, and protection of the environment). These case studies discuss not only the still limited examples of human rights discourse in investor-state arbitral awards; they also probe the potential legal relevance of investor-state arbitration for the judicial recognition, interpretation and balancing of primary rules, such as of investment law and human rights law, in the light of the principles of justice as defined by national and international law.


[Full Book] Fair And Equitable Treatment

Fair and Equitable Treatment PDF
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Publisher: BRILL
Author: Patrick Dumberry
Category : Law
Languages : en
Pages : 88

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Fair And Equitable Treatment

Fair And Equitable Treatment In International Investment Law by Patrick Dumberry, Fair And Equitable Treatment Books available in PDF, EPUB, Mobi Format. Download Fair And Equitable Treatment books, This book examines the interaction between the concept of the ‘minimum standard of treatment’ under custom and the fair and equitable treatment (FET) standard found in the vast majority of BITs. It also analyses whether the FET standard should be considered as a rule of customary international law.


[Full Book] International Investment Law And Arbitration

International Investment Law and Arbitration PDF
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Publisher: BRILL
Author: Borzu Sabahi
Category : Law
Languages : en
Pages : 72

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International Investment Law And Arbitration

Fair And Equitable Treatment In International Investment Law by Borzu Sabahi, International Investment Law And Arbitration Books available in PDF, EPUB, Mobi Format. Download International Investment Law And Arbitration books, International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution.


[Full Book] Fair And Equitable Treatment Of Investers Under International Investment Law And From The Islamic Practice

Fair and Equitable Treatment of Investers Under International Investment Law and from the Islamic Practice PDF
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Publisher:
Author: Sebghatullah Qazi Zada
Category :
Languages : en
Pages : 310

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Fair And Equitable Treatment Of Investers Under International Investment Law And From The Islamic Practice

Fair And Equitable Treatment In International Investment Law by Sebghatullah Qazi Zada, Fair And Equitable Treatment Of Investers Under International Investment Law And From The Islamic Practice Books available in PDF, EPUB, Mobi Format. Download Fair And Equitable Treatment Of Investers Under International Investment Law And From The Islamic Practice books, This dissertation initially examines the concept of international investment law and it sources. Fair and equitable treatment (hereinafter “FET”) as one of the principles of International Investment law is examined under multilateral and bilateral investment treaties and the interpretation given by the international arbitral tribunals. These tribunals have the enforcement power of the FET concept and this dissertation will look at whether there are any differences between their interpretations and the contents of multilateral and bilateral investment treaties. The author will look at the extent to which FET can adversely affect the ability of governments, particularly those of developing countries to legislate for the public interest. Additionally, the author intends to inspect at how Islam responds to the fair and equitable treatment of investors. Host states standards of treatment, specifically protecting the investments as well as the dispute settlement, are issues that are connected to the globalization of economy and has led to disputes regarding access to markets, market liberalization and consequently the establishment of rights. Since its beginnings, Islam has been emphatic on the establishment of justice and providing fair and equitable treatment to everyone, from the ruler to the ordinary citizen, and regardless of faith, race, or place of origin. This study adopts both a conceptual analysis of fair and equitable treatment under international investment law and also from the Islamic perspective. This study finds that there is a considerable link between FET principles and Islamic perspectives on the protection of the investors and thus it condemns and prohibits any sort of misappropriation of one’s property without his or her consent.