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Fair and Equitable Treatment, the Rule of Law, and Comparative Public Law

Stephan W. Schill

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0005
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter discusses fair and equitable treatment as one of the core concepts of international investment protection. It suggests that the jurisprudence of investment tribunals on fair and ... More


Quasi-Normative Non-Law

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0009
Subject:
Law, Public International Law

This chapter is the first ever doctrinal consideration of quasi-normative non-law in systemic perspective. This study is limited to analysing the categories of quasi-normative non-law in terms of ... More


Equity and Equitable Considerations in Treaties

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0019
Subject:
Law, Public International Law

This chapter examines how equitable notions included in treaties should be construed. While in the law of the sea treaties equity is understood as reflecting general international law, the ‘fair and ... More


THE UNITED STATES 2004 MODEL BILATERAL INVESTMENT TREATY AND DENIAL OF JUSTICE IN INTERNATIONAL LAW

Stephen M. Schwebel

in International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.003.0027
Subject:
Law, Public International Law, Private International Law

In 2004, the United States government adopted and published a Model Bilateral Investment Treaty that substantially revised the Model Bilateral Investment Treaty previously employed by it in ... More


Fair and Equitable Treatment Standard: Recent Developments *

Katia Yannaca-Small

in Standards of Investment Protection

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199547432
eISBN:
9780191701467
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199547432.003.0006
Subject:
Law, Public International Law

This chapter examines the fair and equitable treatment standard in investment treaties based on its position in the international law and based on the elements identified by arbitral tribunals as ... More


International Minimum Standard and the Law of Treaties

Martins Paparinskis

in The International Minimum Standard and Fair and Equitable Treatment

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199694501
eISBN:
9780191741272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694501.003.0005
Subject:
Law, Public International Law

This chapter attempts to explain the contemporary practice of case-by-case development of fair and equitable treatment with the four corners of the law of treaties and without relying on general ... More


Comparative Taxation Procedure and Tax Enforcement

Paul B. Stephan

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0019
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter reviews international practice in the administration of tax regimes and the implementation of tax collection. It analyses claims by investors that particular state actions in tax ... More


Revising Treatment Standards— Fair and Equitable Treatment in Light of Sustainable Development

Roland Kläger

in Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198738428
eISBN:
9780191801723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738428.003.0004
Subject:
Law, Public International Law, Environmental and Energy Law

General treatment standards like fair and equitable treatment provisions are often criticized for being vague and excessively demanding. In response to such concerns, the UNCTAD Investment Policy ... More


Public Law Concepts to Balance Investors’ Rights with State Regulatory Actions in the Public Interest—the Concept of Proportionality

Benedict Kingsbury and Stephan W. Schill

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0003
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter observes that investment treaty tribunals are increasingly confronted with resolving conflicts between investment protection and competing public policy concerns, including the ... More


Introduction

Martins Paparinskis

in The International Minimum Standard and Fair and Equitable Treatment

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199694501
eISBN:
9780191741272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694501.003.0011
Subject:
Law, Public International Law

This chapter explains the importance of the issues addressed in the book and outlines the structure of the argument. The relationship between international minimum standard and fair and equitable ... More


The International Minimum Standard and Fair and Equitable Treatment

Martins Paparinskis

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199694501
eISBN:
9780191741272
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694501.001.0001
Subject:
Law, Public International Law

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 ... More


Public-Private Partnerships: Award, Performance, and Remedies

Catherine Donnelly

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0015
Subject:
Law, Constitutional and Administrative Law, Public International Law

Relying on a comparison of the United Kingdom, the United, the EU, and France, this chapter considers whether, and to what extent, there are common approaches in the policies and practices across ... More


Introductory Note: From a “-light” Test and New Disagreement on Waiting Periods to Clarifications on Expropriation and Fair and Equitable Treatment—ICSID Arbitration in 2013

August Reinisch

in The Global Community Yearbook of International Law and Jurisprudence 2014: Volume II

Published in print:
2015
Published Online:
October 2015
ISBN:
9780190270520
eISBN:
9780190271916
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190270520.003.0033
Subject:
Law, Public International Law

In 2013, International Centre for Settlement of Investment Disputes (ICSID) tribunals confirmed the trend to apply a limited Salini test to determine whether the Article 25 ICSID Convention ... More


Scope and Standards of Review

Gus Van Harten

in Investment Treaty Arbitration and Public Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552146
eISBN:
9780191711558
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552146.003.0004
Subject:
Law, Public International Law

This chapter reviews the notion of ‘investment’ in contemporary treaties to demonstrate that the system affords to arbitrators a broad jurisdiction over a wide range of sovereign acts. It argues that ... More


Guarantees of Legal Stability in the Strict Sense

Federico Ortino

in The Origin and Evolution of Investment Treaty Standards: Stability, Value, and Reasonableness

Published in print:
2019
Published Online:
February 2020
ISBN:
9780198842637
eISBN:
9780191878541
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198842637.003.0002
Subject:
Law, Public International Law

The aim of this chapter is to inquire whether, and if so, the extent to which, investment treaties contain guarantees of strict legal stability. More specifically, this chapter asks whether ... More


India’s BITs: Mapping the Acceptance—I

Prabhash Ranjan

in India and Bilateral Investment Treaties: Refusal, Acceptance, Backlash

Published in print:
2019
Published Online:
August 2019
ISBN:
9780199493746
eISBN:
9780199097081
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199493746.003.0004
Subject:
Law, Public International Law

This chapter studies in detail the international law on foreign investment that India has accepted to be bound in the embracement phase. In this regard, the chapter studies the following provisions ... More


Risk, Responsibility, and Fairness in International Investment Law

Azernoosh Bazrafkan and Alexia Herwig

in Risk and the Regulation of Uncertainty in International Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198795896
eISBN:
9780191837074
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198795896.003.0013
Subject:
Law, Public International Law

International investment agreements (IIAs) accommodate two framings of risk in need of mitigation: political risks and risks of physical externalities. The chapter discloses that there is no ... More


Introductory Note: From Reshaping the Salini Criteria to Solidifying the Elements of Fair and Equitable Treatment—ICSID Arbitration in 2012

August Reinisch

in The Global Community Yearbook of International Law and Jurisprudence 2013, Volume II

Published in print:
2014
Published Online:
April 2015
ISBN:
9780199388677
eISBN:
9780190271893
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199388677.003.0005
Subject:
Law, Public International Law

Among the jurisdictional hurdles for claimants in ICSID cases, the scope of the notion of an “investment” in the sense of Article 25 ICSID Convention remained one of the most problematic issues in ... More


Balancing and the Public Interest

Alec Stone Sweet and Florian Grisel

in The Evolution of International Arbitration: Judicialization, Governance, Legitimacy

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198739722
eISBN:
9780191802706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739722.003.0005
Subject:
Law, Public International Law

This chapter focuses on balancing, in the context of pleadings that oppose property rights and public interest, a mode of decision-making directly implicated in governance. It shows that, in the ... More


Domestic Law and Fair and Equitable Treatment

Jarrod Hepburn

in Domestic Law in International Investment Arbitration

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198785736
eISBN:
9780191827549
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198785736.003.0002
Subject:
Law, Public International Law

This chapter considers whether a state’s compliance with its own law is relevant to a tribunal’s analysis of a claimed breach of the fair and equitable treatment (FET) guarantee. There are strong ... More


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