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The International Minimum Standard and Fair and Equitable Treatment

The International Minimum Standard and Fair and Equitable Treatment

Author: Martins Paparinskis
Publisher: Oxford University Press
ISBN: 9780199694501
Published In: February 2013
Format: Hardback , 320 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Provides an original perspective on one of the most important and controversial aspects of investment protection law
Comprehensive analysis of the relationship between the international minimum standard and fair and equitable treatment
Explains the content and scope of the international minimum standard by reference to a comparative analysis of human rights law

Investment protection treaties generally provide for the obligation to treat investments fairly and equitably, even if the wording of the rule and its relationship with the customary international standard may differ. The open-textured nature of the rule, the ambiguous relationship between the vague treaty and equally vague customary rules, and States' interpretations of the content and relationship of both rules (not to mention the frequency of successful invocation by investors) make this issue one of the most controversial aspect of investment protection law.

This monograph engages in a comprehensive analysis of the relationship between the international minimum standard and fair and equitable treatment. It provides an original argument about the historical development of the international standard, a normative rationale for reading it into the treaty rules of fair and equitable treatment, and a coherent methodology for establishing the content of this standard.

The first part of this book untangles the history of both the international minimum standard and fair and equitable treatment. The second part addresses the normative framework within which the contemporary debate takes place. After an exhaustive review of all relevant sources, it is argued that the most persuasive reading of fair and equitable treatment is that it always makes a reference to customary law. The third part of the book builds on the historical analysis and the normative framework, explaining the content of the contemporary standard by careful comparative human rights analysis.

Readership: Scholars and students of international investment law and treaty law; practitioners and arbitrators in international investment law

1: Introduction
2: Development from the International Standard to Fair and Equitable Treatment
3: Legal Relationship between the International Standard and Fair and Equitable Treatment
4: Content of the Modern International Standard
5: Conclusion
1: Introduction
2: PART I. DEVELOPMENT OF THE INTERNATIONAL MINIMUM STANDARD
3: 1. International Minimum Standard and International Law-Making
4: 2. Making of the International Minimum Standard (-1930s)
5: 3. Development of the International Minimum Standard (1940s-)
6: PART II. SOURCE OF THE INTERNATIONAL MINIMUM STANDARD
7: 4. Most-favoured-nation Clause: A Case Study
8: 5. International Minimum Standard and the Law of Treaties
9: 6. International Minimum Standard and General International Law
10: PART III. CONTENT OF THE INTERNATIONAL MINIMUM STANDARD
11: 7. Investment Treaties, General International Law, and International Human Rights Law
12: 8. International Minimum Standard and the Administration of Justice
13: 9. International Minimum Standard and the Protection of Property
14: Conclusion

Martins Paparinskis, Junior Research Fellow, Merton College, Oxford

Martins Paparinskis, LLB (University of Latvia), MJur (Dist, Clifford Chance Prize), MPhil (Dist), DPhil, MA (Oxon), is a Junior Research Fellow at Merton College. He was recently a Hauser Research Scholar at the New York University (2009-2010. Martins has varied research interests in the field of general international law. His recent and forthcoming publications mainly address the interplay of investment protection law and general international law. Martins has published in the British Year Book of International Law.