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portada Full Protection and Security in International Investment Law
Type
Physical Book
Author
Publisher
Language
English
Pages
690
Format
Hardcover
Dimensions
23.4 x 15.6 x 3.8 cm
Weight
1.17 kg.
ISBN13
9783030248376
Categories

Full Protection and Security in International Investment Law

Sebastián Mantilla Blanco (Author) · Springer · Hardcover

Full Protection and Security in International Investment Law - Mantilla Blanco, Sebastián

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Synopsis "Full Protection and Security in International Investment Law "

This book provides a comprehensive study of the standard of 'full protection and security' (FPS) in international investment law. Ever since the Germany-Pakistan BIT of 1959, almost every investment agreement has included an FPS clause. FPS claims refer to the most diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law. Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the concept of due diligence in the law of state responsibility. It additionally explores the interpretation and application of FPS clauses, drawing particular attention to the diverse wording used in investment treaties, the role ascribed to custom, and the interplay between FPS and other treaty-based standards. Besides delivering a detailed analysis of the FPS standard, this book also serves as a guide to the relevant sources, providing an overview of numerous legal instruments, examples of state practice, arbitral decisions, and related academic publications about the standard.

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