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The International Minimum Standard and Fair and Equitable Treatment
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The International Minimum Standard and Fair and Equitable Treatment

Martins Paparinskis

Abstract

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 aspects of investment protection law. This monograph engages in a c ... More

Keywords: international minimum standard, fair and equitable treatment, investment protection law, investment arbitration, comparative human rights

Bibliographic Information

Print publication date: 2013 Print ISBN-13: 9780199694501
Published to Oxford Scholarship Online: May 2013 DOI:10.1093/acprof:oso/9780199694501.001.0001

Authors

Affiliations are at time of print publication.

Martins Paparinskis, author
Junior Research Fellow, Merton College, Oxford

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