'Fair and Equitable Treatment' in International Investment Law

Nonfiction, Reference & Language, Law, Arbitration, Negotiation, & Mediation, International
Cover of the book 'Fair and Equitable Treatment' in International Investment Law by Roland Kläger, Cambridge University Press
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Author: Roland Kläger ISBN: 9781139088695
Publisher: Cambridge University Press Publication: June 23, 2011
Imprint: Cambridge University Press Language: English
Author: Roland Kläger
ISBN: 9781139088695
Publisher: Cambridge University Press
Publication: June 23, 2011
Imprint: Cambridge University Press
Language: English

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 Kläger 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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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 Kläger 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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