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Tuesday, April 21, 2020 | History

5 edition of fair and equitable treatment standard in the international law of foreign investment found in the catalog.

fair and equitable treatment standard in the international law of foreign investment

Ioana Tudor

fair and equitable treatment standard in the international law of foreign investment

  • 184 Want to read
  • 25 Currently reading

Published by Oxford University Press in Oxford, New York .
Written in English

    Subjects:
  • Investments, Foreign -- Law and legislation.,
  • Investments, Foreign (International law),
  • Equality before the law.,
  • Treaties -- Interpretation and construction.

  • Edition Notes

    Includes bibliographical references (p. [293]-309) and index.

    StatementIoana Tudor.
    SeriesOxford monographs in international law
    Classifications
    LC ClassificationsK3830 .T83 2008
    The Physical Object
    Paginationxxxii, 315 p. :
    Number of Pages315
    ID Numbers
    Open LibraryOL18565953M
    ISBN 100199235066
    ISBN 109780199235063
    LC Control Number2008273994

    The Metalclad tribunal found that the fair and equitable treatment under international law of Article had been violated in the instant case because Mexico’s failure to “ensure a transparent and predictable framework for [the investor’s] business planning and investment.” [] This lack of transparency of a municipality of Mexico. Originally from Investment Treaty Arbitration and International Law - Volume Preview Page. I. INTRODUCTION. Obligations contained in bilateral investment treaties (BITs), including, in particular, a State’s duty to afford investors fair and equitable treatment (FET), are rooted in and intended to invoke customary international law. Originally from Investment Treaty Arbitration and International Law - Volume Preview Page. PANEL 3. DR. WEILER: So, I’m happy to introduce Larry Shore, another one of our frequent Panel moderators, a man of great wit and wisdom, and I’d like to point out in that regard that one of your two authors, Alex, is that fellow in that case which you’re on the other side of right now, in case.


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fair and equitable treatment standard in the international law of foreign investment by Ioana Tudor Download PDF EPUB FB2

Introduction. Fair and equitable treatment is a central norm in international investment law. This norm is contained in the vast majority of international investment agreements as one of the main standards for the protection of foreign investors. Fair and equitable treatment (FET) has advanced from a rather neglected and only subordinately applied standard of treatment in international investment law to We use cookies to enhance your experience on our continuing to use our website, you are agreeing to our use of by: 1.

"One welcomes the publication of the first monographic study on FET in international investment law by Ioana Tudor." --Global Law Books"Ioana Tudor is a newcomer whose Ph.D.

dissertation appears as The Fair and Equitable Treatment Standard in the International Law of Format: Hardcover. This book starts by exploring the classical sources of international law as possible sources for the Fair and Equitable Treatment (FET) standard.

On the basis of an empirical study of Bilateral Investment Treaties and of the existing regional and multilateral investment agreements, it finds that there is no uniformity among the drafting formulations of FET clauses, which means that the Author: Ioana Tudor.

Get this from a library. The fair and equitable treatment standard in the international law of foreign investment.

[Ioana Tudor] -- This text analyses the conventional and customary framework of the fair and equitable treatment clauses commonly found in bilateral investment treaties (BITs) and charts how these clauses have become.

As one of the most rapidly growing fields of international law, fair and equitable treatment is central to international investment law. Roland Kläger 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 : Hardcover.

The Fair and Equitable Treatment Standard in the International Law of Foreign Investment Article (PDF Available) in European Journal of International Law 20(1) February with 84 ReadsAuthor: Stephan Schill.

This book tackles the standard of fair and equitable treatment by applying four conceptual frames: the legal basis of FET, its nature as a standard, its content and finally the implications of its breach.

The first two chapters explore the two classical sources of international law as possible sources for by:   1 Fair and equitable treatment (‘FET’) is a standard of international investment law which, with some terminological variants such as ‘just and equitable treatment’ or ‘equitable treatment’, sets a quality requirement separate from domestic law for the interference of host State regulatory and adjudicatory systems with foreign investments (see McLachlan Shore and Weiniger This book presents comprehensive information on a range of issues in connection with the Fair and Equitable Treatment (FET) standard, with a particular focus on arbitral awards against host developing countries, thereby contributing to the available literature in this area of international investment : Springer Singapore.

The Fair and Equitable Treatment Standard in the International Law of Foreign Investment Oxford University Press Gallus, N. ‘ case note’ American Journal of International Law Schwarzenberger, G. The treatment of foreign investors and of their investments on the territory of a host State is often subject to a bilateral investment treaty (BIT) signed by the national State of fair and equitable treatment standard in the international law of foreign investment book investors and the host State.

These BITs usually contain a clause in which the two States offer fair and equitable treatment (FET) to the foreign investors on their territory.

FAIR AND EQUITABLE TREATMENT STANDARD IN INTERNATIONAL INVESTMENT LAW Introduction The obligation to provide “fair and equitable treatment” is often stated, together with other standards, as part of the protection due to foreign direct investment by host countries. It is anFile Size: KB.

The fair and equitable treatment standard in the international law of foreign investment. [Ioana Tudor] Home. WorldCat Home About WorldCat Help.

Search. Search for Library Items Search for Lists Search for Contacts Search for a Library. Create. The treaty rule on fair and equitable treatment must be put in the context of broader law-making processes of international law, appreciating both the continuities and discontinuities with the traditional rules and remedies with regard to the minimum standard of treatment of aliens.

" See also: Weiler (n 1)–, –; Stephen Vasciannie, ‘The Fair and Equitable Treatment Standard in International Investment Law and Practice’ () 70 British YIL –Cited by: 6. Buy The Fair and Equitable Treatment Standard in International Foreign Investment Law (Oxford Monographs in International Law) 1 by Tudor, Ioana (ISBN: ) from Amazon's Book Store.

Everyday low prices and free delivery on eligible : Ioana Tudor. The obligation to accord fair and equitable treatment (FET) to foreign investments appears in the great majority of international investment agreements (IIAs).

Among the IIA protection elements, the FET standard has gained particular prominence, as it has been regularly invoked by claimants in investor-State dispute settlement. In international investment agreements, fair and equitable treatment is usually part of a whole system of different standards of investment protection.

While some of these standards of treatment are often combined with fair and equitable treatment in one clause, others are traditionally stipulated in Cited by: 1. 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 Kla⁺ger sheds light on these controversies by exploring the deeper doctrinal foundations of fair and equitable treatment and reviewing its contentious relationship.

This contribution explores a highly topical issue in international investment law—the protection of foreign investors’ legitimate expectations through the Fair and Equitable Treatment standard Author: Katia Yannaca-Small.

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 Author: Martins Paparinskis.

TUDOR, Ioana, Great expectations: the fair and equitable treatment standard in the international law of foreign investment, Florence: European University Institute,EUI PhD theses, Department of LawCited by: 1. Extract. The roots of the Fair and Equitable Treatment (FET) standard in the field of international trade can be traced back to the Havana Charter for an International Trade Organization which, although it never entered into force, provided under Article 11(2) that: The Organization may, in such collaboration with other inter-governmental organizations as may be Author: Lukas Vanhonnaeker.

In this instalment, Director Jackwell Feris discusses the fair and equitable treatment guarantee under international investment treaties. Subject(s): Expropriation — Foreign Direct Investment — ae5ba63d-6dbf-cc3ed — ae5cdbf-cc3ed — Fair and equitable treatment standard — International minimum standard — Most-favoured-nation treatment (MFN) — National treatment — Customary international law — Host state law.

Patrick Dumberry, The Fair and Equitable Treatment Standard:A Guide to NAFTA Case Law on Article (Wolters Kluwer,). This article reflects facts current as of June 1 See, Ioana Tudor, The Fair and Equitable Treatment Standard in International Foreign Investment Law,23Cited by: 7.

Downloadable. The obligation to provide “fair and equitable treatment” is often stated, together with other standards, as part of the protection due to foreign direct investment by host countries. It is an “absolute”, “non-contingent” standard of treatment, i.e. a standard that states the treatment to be accorded in terms whose exact meaning has to be determined, by reference to.

Since data protection laws across the world have become increasingly extra-territorial in their reach, there is a higher propensity for foreign entities to be affected by them.

READ MORE → Topics in this article: Data Localisation, Data Protection. This book moves from the circumstance whereby currently the obligation to provide. fair and equitable treatment (FET) to foreign investments is included in the majority of. international investment agreements and has proved to be the most invoked standard in.

investor-State arbitration. Hence, it is no overstatement to describe this standard as the. Abstract. The book addresses two questions which have been debated by scholars in the last 20 years regarding the fair and equitable treatment (‘ fet ’) standard found in bit s.

It examines the interaction between the ‘minimum standard of treatment’ (mst) and the fet first analyses the fascinating story of how the concept of the mst emerged in the early 20th Century, its Author: Patrick Dumberry.

This book presents comprehensive information on a range of issues in connection with the Fair and Equitable Treatment (FET) standard, with a particular focus on arbitral awards against host developing countries, thereby contributing to the available literature in this area of international investment law.

Ioana Tudor. The Fair and Equitable Treatment Standard in the International Law of Foreign Investment. Oxford: Oxford University Press,Pp. xxxii, £ ISBN: Fair and equitable treatment (FET) has advanced from a rather neglected and only subordinately applied standard of treatment in international.

This chapter introduces the substantive obligations in investment treaties. Most offer a common core of six substantive protections to foreign investors. The chapter first considers the two ‘relative’ standards of protection—most-favoured nation treatment and national treatment.

It then turns to four ‘absolute’ standards of protection: expropriation, fair and equitable treatment Author: Jonathan Bonnitcha. The fair and equitable treatment standard (FET) in International Investment Law is one of several standards of protection commonly used in Bilateral Investment Treaties (BITs) establishing the treatment a foreign investor is entitled to by a host state.

Benn McGrady says the following about the fair and equitable treatment standard in international investment law. Older cases from the days of diplomatic protection (when a state would bring a claim on behalf of its nationals) suggest that it is very difficult to establish a violation by the host state.

W Schill; Stephan, ; Fair and equitable treatment under investment treaties as an embodiment the rule of law, IILJ working paper /6, Global administrative law series, NYU Law school.

Vasciannie, Stephen, “The Fair and Equitable Treatment Standard in International Investment Law and Practice”, 70 Brit. Y.B. Int'l L. 99Author: Sefriani.

International investment treaties constitute one of the principal instruments to enhance the rule of law in investor-state relations. Still, for a long time, they have been little-known and little-used instruments under international law by which states, mostly on a bilateral level, but increasingly.

Among the most discussed standards of protection that investment treaties provide are “fair and equitable treatment” and “full protection and security.” These concepts and their relation to the minimum standard of treatment of aliens under customary international law have inspired significant debate.

This chapter discusses the relationship of fair and equitable treatment and full. The Fair and Equitable Treatment Standard in the International Law of Foreign Investment 作者: Tudor, Ioana 出版年: 页数: 定价: $ ISBN:. The concept of a minimum standard of treatment, found in customary international law, establishes that governments must generally provide foreign investors with fair and equitable treatment under their laws.This book analyses not only the conventional and customary framework se the FET clause but also its scope and all its applications in the existing case law.

This book tackles the standard of fair and equitable treatment by applying four conceptual frames: the legal basis of FET, its nature as a standard, its content and finally the implications.Buy The Fair and Equitable Treatment Standard in International Foreign Investment Law Books online at best prices in India by Ioana Tudor,Ioana (Associate, Gide Loyrette Nouel, Warsaw) Tudor from Buy The Fair and Equitable Treatment Standard in International Foreign Investment Law online of India’s Largest Online Book Store, Only Genuine Products.