'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. In this book, Roland Kläger sheds light on these controversies by exploring the deeper doc...

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Bibliographic Details
Main Author: Kläger, Roland
Format: eBook
Language:English
Published: Cambridge Cambridge University Press 2011
Series:Cambridge studies in international and comparative law
Subjects:
Online Access:
Collection: Cambridge Books Online - Collection details see MPG.ReNa
Description
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. In this book, Roland Kläger 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
Physical Description:xli, 361 pages digital
ISBN:9780511974915