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The International Minimum Standard and Fair and Equitable Treatment 1st Edition by Martins Paparinskis ISBN 0199694508 9780199694501

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Author(s): Martins Paparinskis
ISBN(s): 9780199694501, 0199694508
Edition: 1
File Details: PDF, 2.01 MB
Year: 2013
Language: english
SKU: EB-5563362 Categories: , Tag:

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ISBN 10: 0199694508 
ISBN 13: 9780199694501
Author: Martins Paparinskis

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.

The International Minimum Standard and Fair and Equitable Treatment 1st Table of contents:

Part I. Development of the International Minimum Standard
1. International Minimum Standard and International Law-Making
I. International Law-Making
II. Historical Legal Background
III. Factors Affecting the International Standard
2. Making of the International Minimum Standard (–1930s)
I. Nature of the International Standard
II. Content of the International Standard
3. Development of the International Minimum Standard (1940s–)
I. International Minimum Standard and Compensation for Expropriation
II. International Minimum Standard and International Human Rights
III. International Minimum Standard and Fair and Equitable Treatment
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
I. Fair and equitable treatment and the road(s) not taken
II. Fair and equitable treatment and VCLT Articles 31–32 (except general international law)
III. MFN Clauses
IV. Special Rules of Interpretation
6. International Minimum Standard and General International Law
I. Treaty Interpretation and General International Law
II. Fair and equitable treatment and the international minimum standard
Part III. Content of the International Minimum Standard
7. Investment Treaties, General International Law, and International Human Rights Law
8. International Minimum Standard and Administration of Justice
I. Administration of justice and the classical denial of justice
II. Administration of justice and the human right to fair trial
III. Administration of justice and the modern standard of administration of justice
9. International Minimum Standard and the Protection of Property
I. Protection of property and the classical customary law
II. Protection of property and the human right to property
III. Protection of property and the modern standard

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Tags: Martins Paparinskis, International Minimum, Equitable Treatment