By Martins Paparinskis
Publish 12 months note: First released October tenth 2012
------------------------
Investment safeguard treaties mostly supply for the duty to regard investments rather and equitably, no matter if the wording of the rule of thumb and its courting with the widespread overseas normal may possibly range. The open-textured nature of the guideline, the ambiguous courting among the imprecise treaty and both obscure commonly used principles, and States' interpretations of the content material and dating of either ideas (not to say the frequency of winning invocation by means of traders) make this factor probably the most debatable element of funding defense law.
This monograph engages in a finished research of the connection among the foreign minimal common and reasonable and equitable remedy. It offers an unique argument concerning the ancient improvement of the foreign common, a normative motive for interpreting it into the treaty principles of reasonable and equitable therapy, and a coherent technique for setting up the content material of this standard.
The first a part of this booklet untangles the background of either the overseas minimal common and reasonable and equitable therapy. the second one half addresses the normative framework during which the modern debate occurs. After an exhaustive overview of all suitable resources, it really is argued that the main persuasive examining of reasonable and equitable therapy is that it usually makes a connection with common legislations. The 3rd a part of the e-book builds at the old research and the normative
framework, explaining the content material of the modern regular by means of cautious comparative human rights analysis.
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Extra resources for The International Minimum Standard and Fair and Equitable Treatment (Oxford Monographs in International Law)
Sample text
67 Department of State, ‘Report on Nationalization, Expropriation and other Takings of US and Certain Foreign Property since 1960’ (1972) 11 ILM 84 . . . . . . . . . . . . . . org> . . . . . . . . . . . . . . . . . . . . . . . . . . pdf> . . . . . . . . . . . . . org/products-and-services/arbitration-and-adr/arbitration/ icc-rules-of-arbitration/> . . . . . . . . . . . . . . . . . . . . . . . . . org>. The decisions by investment arbitration Tribunals have been referred to by their publication details (ICSID RevForeign Investment L J, ILM, ILR, or ICSID Rep, in that order, whenever available).
89 Treaty of Friendship, Commerce and Navigation between the United States of America and the Federal Republic of Germany (adopted 29 October 1954, entered into force 14 July 1956) 273 UNTS 4 . . . . . . . . . . . . . . . . . . . . . . . . . 93 Treaty of Friendship, Commerce and Navigation between the United States of America and the Republic of Nicaragua (adopted 21 January 1956, entered into force 24 May 1958) 367 UNTS 4 . . . . . . . . . . . . . . .
28 Mr Blaine, Secretary of State, to Mr Dogherty, chargé (1891) 6 Moore Digest 802 . . . . . . 26 Mr Boutwell’s report regarding the French and American Claims Commission (1884) 2 Moore Intl Arbitrations 1156 . . . . . . . . . . . . . . . . . . . . . . . . 87 British Ambassador to the Italian Government (1911) Oscar Chinn (UK v Belgium) PCIJ Rep Series C No 75 48 [64] . . . . . . . . . . . . . . . . . . . . . . . . . 86 Mr Cadwalader, Acting Secretary of State, to Mr Foster (1874) 2 Wharton Digest 511 .