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Fair and Equitable Treatment: Its Interaction with the Minimum Standard and Its Customary Status

Fair and Equitable Treatment: Its Interaction with the Minimum Standard and Its Customary Status

Name: Fair and Equitable Treatment: Its Interaction with the Minimum Standard and Its Customary Status
Brand: Brill Academic Publishers
SKU: 9789004366114
Price: 1037.40 HKD
Availability: InStock
Author: Patrick Dumberry
ISBN: 9789004366114

By Patrick Dumberry

Brill Academic Publishers March 2018

Specifications

ISBN-13: 9789004366114
Publisher: Brill Academic Publishers
Publication: March 2018
Format: Paperback
Jurisdiction: Netherlands ? Countri(es) for reference only

Details

The fair and equitable treatment (‘FET’) standard is a type of protection found in BITs which has become in the last decades one of the most controversial provisions examined by arbitral tribunals. This book first examines the interaction between the ‘minimum standard of treatment’ (MST) and the FET standard and the question why States started referring to the former in their BITs. It also addresses the question whether the FET should be considered as an autonomous standard of protection under BITs.

This book also examines the controversial proposition that the FET standard should now be considered as a rule of customary international law. I will show that while the practice of States to include FET clauses in their BITs can be considered as general, widespread and representative, it remains that it is not uniform and consistent enough for the standard to have crystallised into a customary rule. States also lack the necessary opinio juris when including the clause in their BITs.

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