'Fair and equitable treatment' in international investment law / Roland Kläger.
2011
K2400 .K53 2011 (Mapit)
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Author
Title
'Fair and equitable treatment' in international investment law / Roland Kläger.
Imprint
Cambridge : Cambridge University Press, 2011.
Copyright
©2011
Description
xli, 361 pages ; 24 cm.
Series
Cambridge studies in international and comparative law (Cambridge, England : 1996)
Formatted Contents Note
Introduction
Fundamentals for the construction of fair and equitable treatment
Fair and equitable treatment and the international minimum standard
The role of international law in the construction of fair and equitable treatment
Conceptual challenges
Fair and equitable treatment and justice
Principles of fair and equitable treatment
Fair and equitable treatment in the system of international law sources
Fair and equitable treatment in the system of international investment law
Conclusion.
Fundamentals for the construction of fair and equitable treatment
Fair and equitable treatment and the international minimum standard
The role of international law in the construction of fair and equitable treatment
Conceptual challenges
Fair and equitable treatment and justice
Principles of fair and equitable treatment
Fair and equitable treatment in the system of international law sources
Fair and equitable treatment in the system of international investment law
Conclusion.
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. 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"-- Provided by publisher.
"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. 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"-- Provided by publisher.
"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. 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"-- Provided by publisher.
Note
Previously issued as author's dissertation, Eberhard Karls Universität Tübingen.
Bibliography, etc. Note
Includes bibliographical references (pages 321-352) and index.
Available Note
Also available online.
Location
STA
Linked Resources
Call Number
K2400 .K53 2011
Language
English
ISBN
9780521197717 hardback
0521197716 hardback
9780511974915 ebook
0521197716 hardback
9780511974915 ebook
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