Fair and Equitable Treatment and the Rule of Law
Seiten
2023
Edward Elgar Publishing Ltd (Verlag)
978-1-78990-435-2 (ISBN)
Edward Elgar Publishing Ltd (Verlag)
978-1-78990-435-2 (ISBN)
By 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.
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.
Velimir Živković, Assistant Professor and Director of LLM International Commercial Law, School of Law, University of Warwick, UK
Contents: 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
| Erscheinungsdatum | 20.07.2023 |
|---|---|
| Reihe/Serie | Elgar International Investment Law series |
| Verlagsort | Cheltenham |
| Sprache | englisch |
| Maße | 156 x 234 mm |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Zivilverfahrensrecht | |
| ISBN-10 | 1-78990-435-8 / 1789904358 |
| ISBN-13 | 978-1-78990-435-2 / 9781789904352 |
| Zustand | Neuware |
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