The International Minimum Standard and Fair and Equitable Treatment

ISBN-13: 9780199694501 / Angielski / Twarda / 2013 / 264 str.

Martins Paparinskis

Opis

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 standard may differ. The open-textured nature of the rule, the ambiguous relationship between the vague treaty and equally vague customary rules, and States' interpretations of the content and relationship of both rules (not to mention the frequency of successful invocation by investors) make this issue one of the most controversial aspect of investment protection law.
This monograph engages in a comprehensive analysis of the relationship between the international minimum standard and fair and equitable treatment. It provides an original argument about the historical development of the international standard, a normative rationale for reading it into the treaty rules of fair and equitable treatment, and a coherent methodology for establishing the content of this standard.
The first part of this book untangles the history of both the international minimum standard and fair and equitable treatment. The second part addresses the normative framework within which the contemporary debate takes place. After an exhaustive review of all relevant sources, it is argued that the most persuasive reading of fair and equitable treatment is that it always makes a reference to customary law. The third part of the book builds on the historical analysis and the normative framework, explaining the content of the contemporary standard by careful comparative human rights analysis.

Recenzje

In this insightful monograph, Martins Paparinskis turns a keen analytical mind to the relationship between the treaty-based obligation of states to accord foreign investment "fair and equitable treatment" (FET) and the international minimum standard of treatment required by customary international law ... One of the pleasures of this book is its engagement with these materials on their own terms and in historical context ... The salutary effect is to provide the reader with a greater appreciation for the contemporary debates as they unfolded.

O autorze

Martins Paparinskis is a Lecturer at University College London. He has previously been a Junior Research Fellow at Merton College, University of Oxford, and a postdoctoral fellow at the New York University. Martins Paparinskis holds a DPhil from the University of Oxford.