''Fair and Equitable Treatment'' in International Investment Law
Book Details
Format
Hardback or Cased Book
ISBN-10
0521197716
ISBN-13
9780521197717
Publisher
Cambridge University Press
Imprint
Cambridge University Press
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Jun 23rd, 2011
Print length
410 Pages
Weight
780 grams
Dimensions
23.00 x 16.30 x 2.30 cms
Ksh 13,250.00
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As one of the most rapidly growing fields of international law, fair and equitable treatment is central to international investment law. This book sheds light on the many controversial questions at the heart of general international law which have been raised by breaches of this norm in investor-state disputes.
A breach of fair and equitable treatment is alleged in almost every investor-state dispute. It has therefore become a controversial norm, which touches many questions at the heart of general international law. In this book, Roland Klager sheds light on these controversies by exploring the deeper doctrinal foundations of fair and equitable treatment and reviewing its contentious relationship with the international minimum standard. The norm is also discussed in light of the fragmentation of international law, theories of international justice and rational balancing, and the idea of constitutionalism in international law. In this vein, a shift in the way of addressing fair and equitable treatment is proposed by focusing on the process of justificatory reasoning.
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