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The Fair and Equitable Treatment Standard in International Foreign Investment Law (Oxford Monographs in International Law), by Ioana Tudor
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The treatment of foreign investors and of their investments on the territory of a host State is often subject to a bilateral investment treaty (BIT) signed by the national State of the investors and the host State. These BITs usually contain a clause in which the two States offer fair and equitable treatment (FET) to the foreign investors on their territory. Moreover, this clause has become a norm of customary law, implying that investors may rely on it even outside the context of the BIT. Foreign investors whose rights under this clause have not been respected may bring the State in front of an international tribunal.
This book analyses not only the conventional and customary framework of the FET clause but also its scope and all its applications in the existing case law. It tackles the standard of fair and equitable treatment by applying four conceptual frames: the legal basis of FET, its nature as a standard, its content and finally the implications of its breach.
- Sales Rank: #4154333 in Books
- Published on: 2008-05-11
- Original language: English
- Number of items: 1
- Dimensions: 6.20" h x 1.20" w x 9.60" l, 1.25 pounds
- Binding: Hardcover
- 300 pages
Review
"One welcomes the publication of the first monographic study on FET in international investment law by Ioana Tudor."
--Global Law Books
"Ioana Tudor is a newcomer whose Ph.D. dissertation appears as The Fair and Equitable Treatment Standard in the International Law of Foreign Investment. Her debut is impressive."
--Stephen M. Schwebel, The American Journal of International Law
"One welcomes the publication of the first monographic study on FET in international investment law by Ioana Tudor"
--European Journal of International Law (20)
"The book tackles the standard of fair and equitable treatment by applying four conceptual frames: the legal basis of FET, its nature as a standard, its content and finally the implications of its breach"
--ASA Bulletin
"Useful for counsel representing investors and states, arbitrators and negotiators of investment treaties. Excellent information and references, as well as pertinent commentaries and stimulating ideas"
--Crina Bautag, University of London
About the Author
Ioana Tudor holds a PhD in international law from the European University Institute and a MA in European law from the College of Europe. She has previously completed her studies at the University Paris II Assas. Member of the Madrid Bar, she speaks Romanian, French, English, Spanish and Italian. She is currently working as a Junior lawyer with Gide, Loyrette and Nouel in the Warsaw office.
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