03895cam a2200409 i 450000100090000000300080000900500170001700800410003401000170007502000290009204000370012104200080015805000210016608200170018708400230020410000290022724500870025626000520034330000290039533600210042433700250044533800230047049000590049350400670055250507700061952007880138952008490217765000420302665000450306865000470311365000560316090600450321694200120326195500490327399900170332295201460333916503326BD-DhUL20160808192511.0101015t20112011enk b 001 0 eng  a 2010044499 a9780521197717 (hardback) aDLCbengcDLCerdadDLCdBD-DhUL apcc00aK2400b.K53 201100a346.092bKLF aLAW0060002bisacsh1 aKläger, Roland,d1982-10a'Fair and Equitable Treatment' in International Investment Law /cRoland Kläger. aCambridge :bCambridge University Press,c2011. axli, 361 pages ;c24 cm. atext2rdacontent aunmediated2rdamedia avolume2rdacarrier0 aCambridge Studies in International and Comparative Law aIncludes bibliographical references (pages 321-352) and index.8 aMachine generated contents note: 1. Introduction; Part I. The Construction of Fair and Equitable Treatment: 2. Fundamentals for the construction of fair and equitable treatment; 3. Fair and equitable treatment and the international minimum standard; 4. The role of international law in the construction of fair and equitable treatment; Part II. The Concept of Fair and Equitable Treatment: 5. Conceptual challenges; 6. Fair and equitable treatment and justice; 7. Principles of fair and equitable treatment; Part III. The Position of Fair and Equitable Treatment in the International Legal System: 8. Fair and equitable treatment in the system of international law sources; 9. Fair and equitable treatment in the system of international investment law; 10. Summary. a"A 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. Roland Klager 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"--cProvided by publisher. a"Fair and Equitable Treatment in International Investment Law A 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. Roland Klager 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"--cProvided by publisher. 0aInternational commercial arbitration. 0aInvestments, Foreign (International law) 0aInvestments, ForeignxLaw and legislation. 7aLAW / Arbitration, Negotiation, Mediation2bisacsh. a7bcbccorignewd1eecipf20gy-gencatlg 2ddccBK bre10 2010-10-15cre10 2010-10-15 ONIX to Law c95656d95656 00102ddc406346_092000000000000_KLF708NFIC9159481aDULbDULcGENd2016-08-08ePurchasedo346.092 KLFp475946r2016-08-08w2016-08-08yBK