OXFORD UNIVERSITY PRESS

The International Minimum Standard and Fair and Equitable Treatment

ISBN : 9780198732167

Price(incl.tax): 
¥8,305
Author: 
Martins Paparinskis
Pages
350 Pages
Format
Paperback
Size
157 x 235 mm
Pub date
Sep 2014
Series
Oxford Monographs in International Law
Send mail
Print

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.

Index: 

INTRODUCTION
PART I. DEVELOPMENT OF THE INTERNATIONAL MINIMUM STANDARD
1. International Minimum Standard and International Law-Making
2. Making of the International Minimum Standard (-1930s)
3. Development of the International Minimum Standard (1940s-)
PART II. SOURCE OF THE INTERNATIONAL MINIMUM STANDARD
4. Most-favoured-nation Clause: A Case Study
5. International Minimum Standard and the Law of Treaties
6. International Minimum Standard and General International Law
PART III. CONTENT OF THE INTERNATIONAL MINIMUM STANDARD
7. Investment Treaties, General International Law, and International Human Rights Law
8. International Minimum Standard and the Administration of Justice
9. International Minimum Standard and the Protection of Property
CONCLUSION
APPENDIX: EJIL TALK! BLOG DISCUSSION

About the author: 

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.

The price listed on this page is the recommended retail price for Japan. When a discount is applied, the discounted price is indicated as “Discount price”. Prices are subject to change without notice.