The Core Standard of International Investment Protection: Fair and Equitable Treatment ( International Arbitration Law Library 26) - Image 1

Price loading...

Kluwer Law International The Core Standard of International Investment Protection: Fair and Equitable Treatment ( International Arbitration Law Library 26)

Name: The Core Standard of International Investment Protection: Fair and Equitable Treatment ( International Arbitration Law Library 26)
Brand: Kluwer Law International

International

Price History & Forecast

No Price Data Available

Price history will appear here once data is collected from Amazon.

Price Distribution

No price data available for histogram

Description

This book surveys and analyses the nature of FET as a new rule of customary law that is non-contingent and absolute in that it protects a given entity irrespective of the treatment which may be accorded to others. The author explores whether the often-heard criticism of the international investment protection regime is justified. The overarching questions are: Does the system`s mixture of private arbitration and public law indeed undermine accountability and independence in judicial decision-making? Does it trump principles of legislative supremacy and, in the end, alter a central tenet of representative democracy? Among the far-reaching aspects of the subject covered are the following: ; the relationship of FET to human rights and other standards of protection; ; assumptions about reciprocity and mutuality; the treatification of foreign investment law; the special significance of the Energy Charter Treaty; ; ICSID as a self-contained system; identifying limitations on the parties freedom of choice; ; the protection of legitimate expectations; ; the relevance of investors conduct in FET proceedings; ; due process in administrative decision-making and denial of judicial justice. Relevant case law is examined, and there are detailed descriptions of the main dispute resolution forums ICSID arbitration especially, but with due attention to the new UNCITRAL, the ICC Rules, the SCC and the LCIA Rules. This is a significant contribution to the debate over a controversial concept and its normative underpinnings. By analysing how states are bound by investment treaty obligations and how arbitrators deal with them, this book explains how the standards are continually shaped and scrutinized to respond to the needs of the actors engaged in an investment relationship. Although it is of great interest for legal academics and jurists, it is its practical analysis that will be most welcomed by arbitrators, corporate counsel, and government regulatory officials.

Product Specifications

Brand: Kluwer Law International
Format: hardcover
ASIN: 9041138692
Category: Books > Subjects > Business, Finance & Law > Law > International
Domain: Amazon UK
Release Date: 19 March 2012
Listed Since: 19 March 2012

Barcode

No barcode data available

Kluwer Law International The Core Standard of International Investment Protection: Fair and Equitable Treatment ( International Arbitration Law Library 26)

Price History & Forecast

No Price Data Available

Price Distribution

Description

Product Specifications

Barcode

Similar Products You Might Like

The Right of States to Regulate in International Investment Law: The Search for Balance Between Public Interest and Fair and Equitable Treatment (International Arbitration Law Library, 50)

The Fair and Equitable Treatment (FET) Standard in International Investment Arbitration: Developing Countries in Context (International Law and the Global South)

Fair and Equitable Treatment and the Rule of Law (Elgar International Investment Law series)

Interaction and Conflict of Treaties in Investment Arbitration (International Arbitration Law Library)

International Investment Agreements and EU Law

Comparative International Commercial Arbitration

Arbitrating Foreign Investment Disputes: Procedural and Substantive Legal Apects: 19 (Studies in Transnational Economic Law Set)

Guide to ICSID Arbitration

The Decision-Making Process of Investor-State Arbitration Tribunals (International Arbitration Law Library Series Set)

The Fair and Equitable Treatment (FET) Standard in International Investment Arbitration: Developing Countries in Context (International Law and the Global South)

ICSID Convention after 50 Years: Unsettled Issues

Role of Domestic Courts in the Settlement of Investor-State Disputes: The Indian Scenario

Role of Domestic Courts in the Settlement of Investor-State Disputes: The Indian Scenario

Procedure and Evidence in International Arbitration

The Vienna Convention on the Law of Treaties in Investor-State Disputes: History, Evolution and Future

State Liability in Investment Treaty Arbitration: Global Constitutional and Administrative Law in the BIT Generation: 26 (Studies in International Law)

International Protection of Investments: The Substantive Standards

Commercial Contract Law and Arbitration: From Assignments to Unfair Terms

Investment Arbitration and Climate Change

The Law of Investment Treaties (Oxford International Law Library)

The International Minimum Standard and Fair and Equitable Treatment (Oxford Monographs in International Law)

The Settlement of Foreign Investment Disputes

The International Minimum Standard and Fair and Equitable Treatment (Oxford Monographs in International Law)

Sustainable Development in World Investment Law (Global Trade Law, 30)