'Fair and Equitable Treatment' in International Investment Law [Paperback]

This book looks at fair and equitable treatment as a key standard of international investment law.As one of the most rapidly growing fields of international law, fair and equitable treatment is central to international investment law. Roland Kl?ger sheds light on the many controversial questions at the heart of general international law which have been raised by breaches of this norm in investor-state disputes.As one of the most rapidly growing fields of international law, fair and equitable treatment is central to international investment law. Roland Kl?ger sheds light on the many controversial questions at the heart of general international law which have been raised by breaches of this norm in investor-state disputes.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 Kl?ger 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.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 EquilsD