The Fair and Equitable Treatment...

The Fair and Equitable Treatment...

Publisher
Oxford University Press
Published
1998
Pages
—
ISBN-13
9780199235063
Format
print
Language
English
Book Summary
This authoritative monograph by Ioana Tudor provides a comprehensive legal analysis of the fair and equitable treatment (FET) standard in international investment law. Published by Oxford University Press, it examines the evolution, interpretation, and application of FET in arbitral practice, offering critical insights into its role in investor-state disputes. Essential for practitioners and scholars.
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About The Fair and Equitable Treatment...

In this detailed work, Ioana Tudor explores the fair and equitable treatment standard, a cornerstone of international investment law. The book traces the standard's origins, its varying formulations in bilateral investment treaties, and its expansive interpretation by arbitral tribunals. Tudor critically assesses key case law, identifying the core elements of FET—such as legitimate expectations, transparency, and denial of justice—and examines the tension between protecting investors and preserving state regulatory autonomy. The analysis is grounded in a thorough review of arbitral awards and scholarly commentary, making it a valuable resource for understanding the standard's practical implications. Published by Oxford University Press, this monograph is part of the Oxford International Arbitration Series and is recognized for its rigorous legal scholarship and contribution to the field.

Who should read The Fair and Equitable Treatment...?

This book is essential for international arbitration practitioners, investment law scholars, and government legal advisors. It is also highly recommended for law students specializing in international economic law, as well as professionals in multinational corporations dealing with cross-border investments. Those involved in investor-state dispute settlement will find the detailed case law analysis and doctrinal discussion particularly useful for understanding the nuances of FET claims.

Pros & Cons
Pros
  • ✓ Comprehensive and authoritative analysis of the FET standard
  • ✓ Detailed examination of arbitral case law and treaty practice
  • ✓ Written by a recognized expert in international investment law
  • ✓ Published by Oxford University Press, ensuring high scholarly quality
  • ✓ Provides practical insights for practitioners and academics
Cons
  • ✗ Highly specialized, may be too technical for general readers
  • ✗ Focuses primarily on legal doctrine, with limited economic or policy perspectives
  • ✗ Assumes prior knowledge of international investment law
  • ✗ Some may find the dense legal prose challenging
  • ✗ Case law may become outdated as new arbitral decisions emerge
Frequently asked questions
What is the fair and equitable treatment standard?
FET is a treaty-based protection for foreign investors, requiring states to treat investments fairly and equitably. Its precise meaning is debated, but it often includes protection of legitimate expectations, transparency, and non-discrimination.
Who is Ioana Tudor?
Ioana Tudor is a legal scholar and practitioner specializing in international investment law and arbitration. She has published extensively on FET and has experience in investment treaty disputes.
Is this book suitable for students?
Yes, it is suitable for advanced law students and researchers, particularly those focusing on international economic law. However, it assumes some background knowledge of investment law.
Does the book include case law analysis?
Yes, the book extensively analyzes arbitral awards and decisions to illustrate how tribunals have interpreted and applied the FET standard.
Is this book up to date?
Published in 2008, the book covers developments up to that time. While later cases exist, its doctrinal analysis remains relevant and foundational.

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