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'Fair and Equitable Treatment' in International Investment Law

ookName:\'Fair and Equitable Treatment\' in International Investment Law
Author:Roland Kl?ger
Publisher:Cambridge University Press
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编号:1167974出版时间:2011格式:pdf

出版社:Cambridge University Press作者:Roland Kl?ger

热度:页数:409ISBN:0521895278,9780521197717

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'Fair and Equitable Treatment' in International Investment Law介绍

BookName:'Fair and Equitable Treatment' in International Investment Law
Author:Roland Kl?ger
Publisher:Cambridge University Press
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 Kl?ger 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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