Inicio > Derecho > Derecho internacional > The Fair and Equitable Treatment Standard
The Fair and Equitable Treatment Standard

The Fair and Equitable Treatment Standard

Gabriel Cavazos Villanueva

97,40 €
IVA incluido
Disponible
Editorial:
KS OmniScriptum Publishing
Año de edición:
2008
Materia
Derecho internacional
ISBN:
9783639101430
97,40 €
IVA incluido
Disponible

Selecciona una librería:

  • Librería Samer Atenea
  • Librería Aciertas (Toledo)
  • Kálamo Books
  • Librería Perelló (Valencia)
  • Librería Elías (Asturias)
  • Donde los libros
  • Librería Kolima (Madrid)
  • Librería Proteo (Málaga)

This book analyzes the Mexican experience with respect to the application of one of the most controversial standards in international investment law: the obligation to provide a fair and equitable treatment (FET) to foreign investors. A hypothesis of this book is that it is not appropriate to define a normative content of the FET standard by only discussing the host country measures taken, allegedly, against a foreign investor. Rather, in the analysis of different cases involving Mexico, the perceived conduct of the foreign investor could be used by the host country as a defense in allegations of FET violations. According with this book, this is the only approach that seeks to find a balance between the investors’ rights and the legitimate domestic public policies of the host country. This book analyzes the factual circumstances and legal alle­gations marshaled by the parties in those cases involving Mexico, and highlights the differences in the construction of the FET standard made by the tribunals in the cases resolved In the NAFTA context, and those settled in the framework of the Bilateral Investment Treaties.

Artículos relacionados

  • Comparative regulation, economic analysis, and applications of private equity in the united states and european union
    Irini Liakopoulou
    The present work examines the economics and legal doctrine of private equity. After a consideration of private equity’s origins, the book will explore the evolution of private equity in the United States and Europe. The reference economic model then will be reconstructed, with particular attention to financial flows to and from private equity firms and funds. This reconstructio...
  • Complicity in International Law
    Dimitris Liakopoulous
    Complicity in International Law aims to analyze questions arising from a state’s complicity in conflict with another state or an international organization. On the basis of international legal provisions, a state that assists the illicit fact of another state or an international organization in turn commits an offense if it is aware of the main fact and is bound by the same obl...
  • Command responsibility
    James B Whisker / Kevin R Spiker
    Command responsibility, or executive accountability, assumes that leaders are responsible for the actions of their subordinates. If subordinates misbehave, violate basic moral laws, transgress international law, or thwart international standards of behavior, their leader may be called before to justice. Standards that set the boundaries of human action have been evolving for ma...
  • International Organizations and Reparations
    Dimitris Liakopoulos
    In the first part of this book, noted legal scholar Dimtris Liakopoulos deals with reconstructing the legal regulatory framework governing human rights violations in the activities of organizations. After identifying rules that are generally applicable to organizations’ offenses and govern the profile of reparations, this study assesses primary rules that guarantee the right to...
  • International Organizations and Legal Sanctions Against Governments
    Dimitris Liakopoulos
    This book examines the relationship between governments and international organizations under international law. After surveying the policing powers of international organizations under international law, it illustrates some normative aspects of law that distinguish regulation from enforcement via study of recent legal cases before international judicial bodies. According to Di...
  • The EU Foreign Subsidies Regulation
    Andreas Reindl / Isabelle Van Damme
    'The EU Foreign Subsidies Regulation' is a pioneering manual authored by legal experts Andreas Reindl and Isabelle Van Damme. This essential guide, the first of its kind, is tailored for legal practitioners, offering a thorough exploration of the tools and mechanisms embedded within this novel European regulatory framework. The authors meticulously dissect the EU Foreign Subsid...