000 01433nam a2200193 4500
020 _a9780511974915
100 _a Kläger, Roland
245 _a'Fair and Equitable Treatment' in International Investment Law
260 _aCambridge,
_b Cambridge University Press:
_c2011.
490 _aCambridge Studies in International and Comparative Law
500 _aA 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 Kläger 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.
650 _aPublic International Law
_92695
650 _aLaw
650 _aInternational Relations and International Organisations
_94109
650 _aArbitration
_9516
650 _aDispute Resolution and Mediation
_94374
856 _uhttps://doi.org/10.1017/CBO9780511974915
942 _cEBK
999 _c12551
_d12551