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Oxford Monographs in International Law Ser.: International Minimum Standard and Fair and Equitable Treatment by Martins Paparinskis (2014, Trade Paperback)
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Author Martins Paparinskis. Publisher Oxford University Press. Format Paperback.
- Buy It NowThe International Minimum Standard and Fair and Equitable Treatment by Martins P
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About this product
Product Identifiers
PublisherOxford University Press, Incorporated
ISBN-100198732163
ISBN-139780198732167
eBay Product ID (ePID)202787009
Product Key Features
Number of Pages350 Pages
Publication NameInternational Minimum Standard and Fair and Equitable Treatment
LanguageEnglish
SubjectGeneral, Securities, Arbitration, Negotiation, Mediation, International
Publication Year2014
TypeTextbook
AuthorMartins Paparinskis
Subject AreaLaw
SeriesOxford Monographs in International Law Ser.
FormatTrade Paperback
Dimensions
Item Height0.8 in
Item Weight16.7 Oz
Item Length9.3 in
Item Width6.2 in
Additional Product Features
Intended AudienceScholarly & Professional
LCCN2014-430936
ReviewsThis is a work of significant scholarship which brings together a wealth of historical and comparative material.
TitleLeadingThe
Dewey Edition22
Dewey Decimal346.092
Table Of ContentIntroductionPART I. DEVELOPMENT OF THE INTERNATIONAL MINIMUM STANDARD1. International Minimum Standard and International Law-Making2. Making of the International Minimum Standard (-1930s)3. Development of the International Minimum Standard (1940s-)PART II. SOURCE OF THE INTERNATIONAL MINIMUM STANDARD4. Most-favoured-nation Clause: A Case Study5. International Minimum Standard and the Law of Treaties6. International Minimum Standard and General International LawPART III. CONTENT OF THE INTERNATIONAL MINIMUM STANDARD7. Investment Treaties, General International Law, and International Human Rights Law8. International Minimum Standard and the Administration of Justice9. International Minimum Standard and the Protection of PropertyConclusionAppendix: EJIL Talk! blog discussion
SynopsisInvestment 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., Investment protection treaties generally include, in one form or another, the obligation to treat investments fairly and equitably. This book examines the relationship between this obligation and the minimum standard that can be found in customary international law, tracing the history of both concepts, their differences and similarities., 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.
LC Classification NumberK3830
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