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
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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
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