The Fair and Equitable Treatment Standard in the International Law of Foreign Investment - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Fair and Equitable Treatment Standard in the International Law of Foreign Investment write by Ioana Tudor. This book was released on 2008. The Fair and Equitable Treatment Standard in the International Law of Foreign Investment available in PDF, EPUB and Kindle. 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.
Fair and Equitable Treatment
Fair and Equitable Treatment - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Fair and Equitable Treatment write by Patrick Dumberry. This book was released on 2018-07-17. Fair and Equitable Treatment available in PDF, EPUB and Kindle. 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.
The Fair and Equitable Treatment (FET) Standard in International Investment Arbitration
The Fair and Equitable Treatment (FET) Standard in International Investment Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Fair and Equitable Treatment (FET) Standard in International Investment Arbitration write by Rumana Islam. This book was released on 2018-09-18. The Fair and Equitable Treatment (FET) Standard in International Investment Arbitration available in PDF, EPUB and Kindle. 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.
The Right of States to Regulate in International Investment Law
The Right of States to Regulate in International Investment Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Right of States to Regulate in International Investment Law write by Yulia Levashova. This book was released on 2019-07-18. The Right of States to Regulate in International Investment Law available in PDF, EPUB and Kindle. 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
Fair and Equitable Treatment - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Fair and Equitable Treatment write by United Nations Conference on Trade and Development. This book was released on 2012. Fair and Equitable Treatment available in PDF, EPUB and Kindle. "In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.
