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Fair and Equitable Treatment in International Investment Law

   
Fair and Equitable Treatment in International Investment Law

Series: Cambridge Studies in International and Comparative Law

Author: Roland Klager

ISBN:    9780521197717
ISBN-10:    0521197716
Publisher:    Cambridge University Press
Date Published:    23/06/2011
Format:    Paperback Book
Pages:    410
Language:    English
RRP$171.95
Price$154.76
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Book Description:

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.

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