Elgar International Investment Law Ser.: Fair and Equitable Treatment and the Rule of Law by Velimir Živković (2023, Hardcover)
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Author: Velimir Živković. Format: Hardback. Students will also find this a valuable reference for studying both FET jurisprudence and the narratives that surround it. Genre: Law & Politics. Release Year: 2023.
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About this product
Product Identifiers
PublisherElgar Publishing, Incorporated, Edward
ISBN-101789904358
ISBN-139781789904352
eBay Product ID (ePID)2329420200
Product Key Features
Number of Pages310 Pages
LanguageEnglish
Publication NameFair and Equitable Treatment and the Rule of Law
Publication Year2023
SubjectGeneral, Commercial / International Trade, Arbitration, Negotiation, Mediation, International
TypeTextbook
AuthorVelimir ŽIvković
Subject AreaLaw
SeriesElgar International Investment Law Ser.
FormatHardcover
Dimensions
Item Height0.9 in
Item Weight21.3 Oz
Item Length9.4 in
Item Width7.4 in
Additional Product Features
Intended AudienceScholarly & Professional
LCCN2023-936956
Reviews'Lord Steyn once famously observed that "in law context is everything." This is true at the domestic level, but perhaps even more so at the international level. Professor zivkovic's work places the fair and equitable treatment standard in historical and factual context, and by doing so makes a significant contribution to the global scholarship on the issue.', 'Lord Steyn once famously observed that "in law context is everything." This is true at the domestic level, but perhaps even more so at the international level. Professor zivkóvic's work places the fair and equitable treatment standard in historical and factual context, and by doing so makes a significant contribution to the global scholarship on the issue.'
Dewey Edition23
Dewey Decimal341.522
Table Of ContentContents: Preface 1. Introduction 2. Fair and equitable treatment - history, indeterminacy, and the rule of law debate 3. Fair and equitable treatment as a union of rule of law and equity 4. Applying the FET standard - sequential review as a path forward 5. Conclusion to fair and equitable treatment and the rule of law Bibliography Index
SynopsisBy comprehensively investigating the Fair and Equitable Treatment Standard (FET), this discerning book presents how this standard in investment treaty disputes can be both legally justified and realistically beneficial. It reflects on how FET jurisprudence can be advantageous to both the rule of law and to the legitimacy of the international investment regime. Fair and Equitable Treatment and the Rule of Law provides a unique argument concerning the grounding of the FET standard in general principles of law and the importance of the host state's national rule of law and pre-existing obligations for the application of the FET standard. Through a systematic examination of the FET and the concept of the rule of law, the book argues that further interpretation and application of FET should proceed as a sequential review, focusing firstly on the broadly understood domestic legal framework. Chapters present a convincing argument for this technique, concluding that applying such a method would not only be practical but would also allow for positive economic development. This book will be of great interest to scholars focusing on the fields of international investment law and arbitration, general principles of law, and the general rule of law and its contents. Students will also find this a valuable reference for studying both FET jurisprudence and the narratives that surround it.