Hardback
Fair and Equitable Treatment and the Rule of Law
By comprehensively investigating the Fair and Equitable Treatment Standard (FET), this discerning book presents how this standard in investment treaty disputes can be both legally justified and realistically beneficial. It reflects on how FET jurisprudence can be advantageous to both the rule of law and to the legitimacy of the international investment regime.
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Critical Acclaim
Contents
More Information
By comprehensively investigating the Fair and Equitable Treatment Standard (FET), this discerning book presents how this standard in investment treaty disputes can be both legally justified and realistically beneficial. It reflects on how FET jurisprudence can be advantageous to both the rule of law and to the legitimacy of the international investment regime.
Fair and Equitable Treatment and the Rule of Law provides a unique argument concerning the grounding of the FET standard in general principles of law and the importance of the host state’s national rule of law and pre-existing obligations for the application of the FET standard. Through a systematic examination of the FET and the concept of the rule of law, the book argues that further interpretation and application of FET should proceed as a sequential review, focusing firstly on the broadly understood domestic legal framework. Chapters present a convincing argument for this technique, concluding that applying such a method would not only be practical but would also allow for positive economic development.
This book will be of great interest to scholars focusing on the fields of international investment law and arbitration, general principles of law, and the general rule of law and its contents. Students will also find this a valuable reference for studying both FET jurisprudence and the narratives that surround it.
Fair and Equitable Treatment and the Rule of Law provides a unique argument concerning the grounding of the FET standard in general principles of law and the importance of the host state’s national rule of law and pre-existing obligations for the application of the FET standard. Through a systematic examination of the FET and the concept of the rule of law, the book argues that further interpretation and application of FET should proceed as a sequential review, focusing firstly on the broadly understood domestic legal framework. Chapters present a convincing argument for this technique, concluding that applying such a method would not only be practical but would also allow for positive economic development.
This book will be of great interest to scholars focusing on the fields of international investment law and arbitration, general principles of law, and the general rule of law and its contents. Students will also find this a valuable reference for studying both FET jurisprudence and the narratives that surround it.
Critical Acclaim
‘Among the many books on fair and equitable treatment (FET), this one stands out. It treads new grounds in arguing that the rule of law elements FET consists of should not be viewed as imposing an abstract and detached international law standard, but that compliance of the host State with domestic law and other international legal commitments should be put center stage, with equitable considerations playing a residual and corrective role. The book’s novel approach to FET presents a forceful argument for a further integration of international investment law, domestic law, and other specialized international legal regimes.’
– Stephan Schill, University of Amsterdam, the Netherlands
‘An imaginative new look at the application of the FET standard in a specifically rule of law context, which will be of interest to arbitrators and counsel alike.’
– Sir Franklin Berman KC, Essex Court Chambers, London, UK
‘Lord Steyn once famously observed that “in law context is everything.” This is true at the domestic level, but perhaps even more so at the international level. Professor Živković’s work places the fair and equitable treatment standard in historical and factual context, and by doing so makes a significant contribution to the global scholarship on the issue.’
– Charles T. Kotuby, University of Pittsburgh, School of Law, US and Durham Law School, UK
– Stephan Schill, University of Amsterdam, the Netherlands
‘An imaginative new look at the application of the FET standard in a specifically rule of law context, which will be of interest to arbitrators and counsel alike.’
– Sir Franklin Berman KC, Essex Court Chambers, London, UK
‘Lord Steyn once famously observed that “in law context is everything.” This is true at the domestic level, but perhaps even more so at the international level. Professor Živković’s work places the fair and equitable treatment standard in historical and factual context, and by doing so makes a significant contribution to the global scholarship on the issue.’
– Charles T. Kotuby, University of Pittsburgh, School of Law, US and Durham Law School, UK
Contents
Contents: Preface 1. Introduction 2. Fair and equitable treatment – history, indeterminacy, and the rule of law debate 3. Fair and equitable treatment as a union of rule of law and equity 4. Applying the FET standard – sequential review as a path forward 5. Conclusion to fair and equitable treatment and the rule of law Bibliography Index
