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. In this book, Roland Klaeger 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.
Reihe
Sprache
Verlagsort
Zielgruppe
Produkt-Hinweis
Illustrationen
Worked examples or Exercises
Maße
Höhe: 229 mm
Breite: 152 mm
Dicke: 22 mm
Gewicht
ISBN-13
978-1-107-68109-5 (9781107681095)
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Schweitzer Klassifikation
Roland Klaeger is currently a law clerk at the Higher Regional Court of Frankfurt and a research assistant with Clifford Chance, Frankfurt. After his legal studies at the University of Freiburg, he received a Dr iur from the University of Tuebingen. He was also a research fellow at the Institute for Public Law, University of Freiburg, and a visiting fellow at the Lauterpacht Centre for International Law, University of Cambridge.
1. Introduction; Part I. The Construction of Fair and Equitable Treatment: 2. Fundamentals for the construction of fair and equitable treatment; 3. Fair and equitable treatment and the international minimum standard; 4. The role of international law in the construction of fair and equitable treatment; Part II. The Concept of Fair and Equitable Treatment: 5. Conceptual challenges; 6. Fair and equitable treatment and justice; 7. Principles of fair and equitable treatment; Part III. The Position of Fair and Equitable Treatment in the International Legal System: 8. Fair and equitable treatment in the system of international law sources; 9. Fair and equitable treatment in the system of international investment law; 10. Summary.
