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  3. 'Fair and Equitable Treatment' in International Investment Law
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  • Publisher:
    Cambridge University Press
    Publication date:
    05 July 2011
    23 June 2011
    ISBN:
    9780511974915
    9780521197717
    9781107681095
    DOI:
    https://doi.org/10.1017/CBO9780511974915
    Dimensions:
    (228 x 152 mm)
    Weight & Pages:
    0.78kg, 410 Pages
    Dimensions:
    (229 x 152 mm)
    Weight & Pages:
    0.55kg, 410 Pages
    • Subjects:
    Public International Law, Law, International Relations and International Organisations, Arbitration, Dispute Resolution and Mediation
    Series:
    Cambridge Studies in International and Comparative Law (83)
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    Subjects:
    Public International Law, Law, International Relations and International Organisations, Arbitration, Dispute Resolution and Mediation
    Series:
    Cambridge Studies in International and Comparative Law (83)
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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. 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.

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