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Author Kläger, Roland, 1982-
Title 'Fair and Equitable Treatment' in International Investment Law / Roland Kläger.
Publication Info. Cambridge ; New York : Cambridge University Press, 2011, ©2011.
Location Call No. Status Notes
 Law Library  K 2400 .K53 2011    CHECKED IN
Description xli, 361 pages ; 24 cm.
Series Cambridge studies in international and comparative law (Cambridge, England : 1996)
Bibliography Includes bibliographical references (pages 321-352) and index.
Summary "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. Roland Klager 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"-- Provided by publisher.
"Fair and Equitable Treatment in International Investment Law 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. Roland Klager 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"-- Provided by publisher.
Contents pt. 1. The construction of fair and equitable treatment. Fundamentals for the construction of fair and equitable treatment ; Fair and equitable treatment and the international minimum standard ; The role of international law in the construction of fair and equitable treatment -- pt. 2. The concept of fair and equitable treatment. Conceptual challenges ; Fair and equitable treatment and justice ; Principles of fair and equitable treatment -- pt. 3. The position of fair and equitable treatment in the international legal system. Fair and equitable treatment in the system of international law sources ; Fair and equitable treatment in the system of international investment law ; Conclusion.
Subject International commercial arbitration.
Investments, Foreign (International law)
Investments, Foreign -- Law and legislation.
Standard No. 751507353
ISBN 9780521197717 (hardback)
0521197716 (hardback)
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