Fair and Equitable Treatment and the Rule of Law

This book explores the Fair and Equitable Treatment Standard (FET) in investment treaty disputes, arguing that it can be legally justified and beneficial. It suggests that further interpretation and application of FET should proceed as a sequential review, focusing firstly on the domestic legal framework. It will be of interest to scholars in international investment law, arbitration, general principles of law, and the general rule of law.

Format: Hardback
Length: 310 pages
Publication date: 04 July 2023
Publisher: Edward Elgar Publishing Ltd

This comprehensive book delves into the Fair and Equitable Treatment Standard (FET), exploring its legal basis and practical implications in investment treaty disputes. It examines how the FET can be both legally justified and beneficial, reflecting on its potential to enhance the rule of law and the legitimacy of the international investment regime.

The book offers a novel perspective on the grounding of the FET standard in general principles of law and the significance of the host states national rule of law and pre-existing obligations in its application. It conducts a systematic examination of the FET and the concept of the rule of law, arguing that further interpretation and application should follow a sequential review approach, focusing initially on the broadly understood domestic legal framework.

Chapters in the book present a compelling argument for this technique, emphasizing its practicality and the potential for positive economic development. This book appeals to scholars and students interested in international investment law, general principles of law, and the broader concept of the rule of law. It serves as a valuable reference for studying FET jurisprudence and the narratives surrounding it.

Dimension: 234 x 156 (mm)
ISBN-13: 9781789904352