'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 f...
Clasificación: | Libro Electrónico |
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Autor principal: | |
Formato: | Electrónico eBook |
Idioma: | Inglés |
Publicado: |
Cambridge ; New York :
Cambridge University Press,
2011, ©2011.
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Colección: | Cambridge studies in international and comparative law (Cambridge, England : 1996)
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Temas: | |
Acceso en línea: | Texto completo |
Sumario: | "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"-- "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"-- |
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Descripción Física: | 1 online resource (xli, 361 pages) |
Bibliografía: | Includes bibliographical references (pages 321-352) and index. |
ISBN: | 0511974914 9780511974915 9781139092982 1139092987 110768109X 9781107681095 1280775955 9781280775956 9786613686343 6613686344 1139092472 9781139092470 1139091077 9781139091077 1139091964 9781139091961 |