Jump to ContentJump to Main Navigation
The International Minimum Standard and Fair and Equitable Treatment$
Users without a subscription are not able to see the full content.

Martins Paparinskis

Print publication date: 2013

Print ISBN-13: 9780199694501

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199694501.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 24 October 2017

International Minimum Standard and General International Law

International Minimum Standard and General International Law

Chapter:
(p.154) 6 International Minimum Standard and General International Law
Source:
The International Minimum Standard and Fair and Equitable Treatment
Author(s):

Martins Paparinskis

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199694501.003.0006

This chapter addresses the positive side of the normative coin that was approached from the negative perspective earlier, exploring the possibility that customary law might provide the unifying framework. First, it is suggested that general international law may be brought within the interpretative process either by a direct reference or by being structurally relevant. Second, the argument is applied to the particular case study, suggesting that fair and equitable treatment refers to the international minimum standard or, at the very least, requires it to be taken into account in interpretation as relevant rules.

Keywords:   interpretation, customary international law, general international law, reference to, relevance of

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .