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This volume examines the standards of treatment, demanded from host states, that form the basis of contemporary international investment protection. It analyses the core standards commonly contained in bilateral and multilateral investment treaties, including 'fair and equitable treatment', 'full protection and security', and the non-discrimination standards. The burgeoning case-law before arbitral tribunals has exercised a huge influence on how these standards are interpreted in practice. The essays in this volume, by leading practitioners and scholars in the field of investment arbitration, analyse the case-law and provide a framework for a common consensus to emerge on how the standards should be applied in future.
August Reinisch is Professor of Public International Law and European Law at the University of Vienna. He is a member of the ILA Committee on International Law of Foreign Investment; an arbitrator and legal expert in various investment arbitrations; and a member of the Panels of Conciliators and of Arbitrators maintained by the International Centre for Settlement of Investment Disputes (ICSID).
Introduction ; 1. Admission ; 2. National Treatment ; 3. Most-favoured Nation Treatment ; 4. Arbitrary and Unreasonable Measures ; 5. Fair and Equitable Treatment ; 6. Full Protection and Security ; 7. Indirect Expropriation ; 8. Legality of Expropriation ; 9. Transfers
...Indisputably relevant for an understanding of what is currently the meaning of the different standards applicable to investments and the emerging trends in case law related to such standards.
August Reinisch, Stephan W. Schill, University of Vienna) Reinisch, August (Professor of International and European Law, Professor of International and European Law, University of Amsterdam) Schill, Stephan W. (Professor of International and Economic Law and Governance, Professor of International and Economic Law and Governance, Stephan W Schill