The international minimum standard and fair and equitable treatment
Author(s)
Bibliographic Information
The international minimum standard and fair and equitable treatment
(Oxford monographs in international law)
Oxford University Press, 2013
Available at 11 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references (p. [261]-266) and index
Description and Table of Contents
Description
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.
Table of Contents
- INTRODUCTION
- PART I. DEVELOPMENT OF THE INTERNATIONAL MINIMUM STANDARD
- 1. International Minimum Standard and International Law-Making
- 2. Making of the International Minimum Standard (-1930s)
- 3. Development of the International Minimum Standard (1940s-)
- PART II. SOURCE OF THE INTERNATIONAL MINIMUM STANDARD
- 4. Most-favoured-nation Clause: A Case Study
- 5. International Minimum Standard and the Law of Treaties
- 6. International Minimum Standard and General International Law
- PART III. CONTENT OF THE INTERNATIONAL MINIMUM STANDARD
- 7. Investment Treaties, General International Law, and International Human Rights Law
- 8. International Minimum Standard and the Administration of Justice
- 9. International Minimum Standard and the Protection of Property
- CONCLUSION
by "Nielsen BookData"