Screen LibraryThe right of states to regulate in international investment law : the search for balance between public interest and fair and equitable treatment /
The Right of States to Regulate in International Investment Law' addresses the balance between the host state?s right to regulate and the investor?s right to obtain a fair and equitable treatment (FET) standard under international investment law. Due to the recent ongoing expansion of public in...
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| Main Authors: | |
|---|---|
| Published: |
Kluwer Law International, B.V.,
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| Publisher Address: | Alphen aan den Rijn, The Netherlands : |
| Publication Dates: | [2019] |
| Literature type: | Book |
| Language: | English |
| Series: |
International arbitration law library ;
volume 50 |
| Subjects: | |
| Summary: |
The Right of States to Regulate in International Investment Law' addresses the balance between the host state?s right to regulate and the investor?s right to obtain a fair and equitable treatment (FET) standard under international investment law. Due to the recent ongoing expansion of public interest issues worldwide, the state?s right to regulate has been recaptured as a prominent concept in international investment law. The FET?s standard provision in the text of an international investment agreement (IIA) has become a detailed clause clarifying the specific obligations of a state towards an investor under the FET standard. However, striking the right balance in these new treaty formulations has proved to be challenging. This book greatly clarifies the field by offering in-depth analysis of the application of the state?s right to regulate in relation to FET standard provisions in IIAs and to decisions by arbitral tribunals in FET cases. |
| Carrier Form: | xi, 299 pages ; 25 cm. |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: |
9789403509310 (hardback) : 9403509317 (hardback) 9789403510156 (e-Book) 9403510153 (e-Book) 9789403510637 (web-PDF) 9403510633 (web-PDF) |
| Index Number: | K3830 |
| CLC: | D996.4 |
| Call Number: | D996.4/L656 |
| Contents: |
International investment agreements and the right to regulate : an introduction -- The fair and equitable treatment standard in international investment agreements -- Investment jurisprudence on the FET standard and the right to regulate : a general overview -- Introduction to the legal conditions on the right to regulate identified by tribunals -- The state's right to regulate and the legitimate expectations of the investor -- Conditions for a state to lawfully exercise its right to regulate -- Towards a more balanced approach. |