The International Minimum Standard and Fair and Equitable Treatment

Paperback | October 18, 2014

byMartins Paparinskis

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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 thevague 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 treatyrules 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 themost 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 rightsanalysis.

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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 thevague treaty and equally vague customary ru...

Martins Paparinskis is a Lecturer at University College London. He has previously been a Junior Research Fellow at Merton College, University of Oxford, and a postdoctoral fellow at the New York University. Martins Paparinskis holds a DPhil from the University of Oxford.

other books by Martins Paparinskis

Format:PaperbackDimensions:350 pages, 9.21 × 6.14 × 0.01 inPublished:October 18, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198732163

ISBN - 13:9780198732167

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Table of Contents

IntroductionPART I. DEVELOPMENT OF THE INTERNATIONAL MINIMUM STANDARD1. International Minimum Standard and International Law-Making2. Making of the International Minimum Standard (-1930s)3. Development of the International Minimum Standard (1940s-)PART II. SOURCE OF THE INTERNATIONAL MINIMUM STANDARD4. Most-favoured-nation Clause: A Case Study5. International Minimum Standard and the Law of Treaties6. International Minimum Standard and General International LawPART III. CONTENT OF THE INTERNATIONAL MINIMUM STANDARD7. Investment Treaties, General International Law, and International Human Rights Law8. International Minimum Standard and the Administration of Justice9. International Minimum Standard and the Protection of PropertyConclusionSir Frank Berman, Frederico Ortino, and Anthea Roberts: Appendix: EJIL Talk! blog discussion