The International Minimum Standard and Fair and Equitable Treatment
Series: Oxford Monographs in International Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 18 September 2014
- ISBN 9780198732167
- Binding Paperback
- No. of pages350 pages
- Size 235x157x19 mm
- Weight 474 g
- Language English 0
Categories
Short description:
Investment protection treaties generally include, in one form or another, the obligation to treat investments fairly and equitably. This book examines the relationship between this obligation and the minimum standard that can be found in customary international law, tracing the history of both concepts, their differences and similarities.
MoreLong description:
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 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 treaty rules 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 the most 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 rights analysis.
Paparinskis argues with depth of argument, a wealth of materials and rigour of analysis, that international human rights could be used to fill the temporal gap between the classic and modern content of international minimum standards... In this useful book, the astuteness and innovation of arguments cultivated by the author lies in drawing from the jurisprudence of international human rights law for its application in investment law.
Table of Contents:
Introduction
PART I. DEVELOPMENT OF THE INTERNATIONAL MINIMUM STANDARD
International Minimum Standard and International Law-Making
Making of the International Minimum Standard (-1930s)
Development of the International Minimum Standard (1940s-)
PART II. SOURCE OF THE INTERNATIONAL MINIMUM STANDARD
Most-favoured-nation Clause: A Case Study
International Minimum Standard and the Law of Treaties
International Minimum Standard and General International Law
PART III. CONTENT OF THE INTERNATIONAL MINIMUM STANDARD
Investment Treaties, General International Law, and International Human Rights Law
International Minimum Standard and the Administration of Justice
International Minimum Standard and the Protection of Property
Conclusion
Appendix: EJIL Talk! blog discussion
