The Core Standard of International Investment Protection ─ Fair and Equitable Treatment

This volume (originally written as a doctoral dissertation at Julius-Maximilians-U., Germany) analyzes one of the key standards of modern international investment law--the fair and equitable treatment standard. The author surveys the role of the standard within the international investment regime, arguing that as investment treaties have proliferated, they have become less inducements for capital flows to individual countries and more instruments to promote liberal capital flows and globalization, thus suggesting that the fair and equitable treatment standard may be seen as having become part of customary international law. She also analyzes the content and scope of the fair and equitable treatment standard, arguing that arbitration tribunals need to make use of domestic sources of law when interpreting fair and equitable treatment clauses in bilateral trade treaties. The analysis builds upon investigation of two sets of cases: administrative decisions concerning such issues as the introduction of new regulations or the refusal to grant certain licenses for investments and the treatment of investors by the courts of the host state. Aspen Publishers is now Wolters Kluwer Law & Business. Annotation c2013 Book News, Inc., Portland, OR (booknews.com)