The Fair and Equitable Treatment (FET) Standard in International Investment Arbitration

Addresses the interpretation of the Fair and Equitable Treatment (FET) standard, particularly in the context of developmental issues and challenges faced by host developing countries

Explores host developing countries' perspectives in international investment disputes and identifies key problems in interpretations of the FET standard rendered by the current investment tribunals

Investigates whether different classifications of countries adopted by different international organizations are useful in understanding the developmental issues of the host developing countries in an investment dispute context

Auteur
Dr. Rumana Islam is an Associate Professor at the Department of Law, University of Dhaka, Bangladesh. At present she also holds the position of Assistant Director (part-time) of the law research wing of Bangladesh Institute of Law and International Affairs (BILIA). After completing her LLB and LLM degrees from the University of Dhaka, she earned an LLM with a specialization in commercial law from the University of Cambridge (UK) in 2006. She completed her doctoral work at the University of Warwick (UK) with a Commonwealth Scholarship in 2015. Her research interests include international investment law, investment arbitration, commercial arbitration, public international law, banking and securities laws, corporate law and human rights.

Résumé

"It would seem that works like the one by Professor Islam in analysing the perils of the elastic nature of the FET standard and the way arbitral tribunals interpret it, would encourage some soul-searching among many policymakers in the global South. Anyone with interest in international investment law would do well to consult this work of Professor Islam, and this is even more so for those in the global South." (Md. Rizwanul Islam, afronomicslaw.org, March 3, 2021)

"The book flees from a Manichean vision of international investment law. It is not written against foreign investors and in favor of developing States. With a scientific caution, the author reflects on how bridges can be built between these two actors with the aim of upholding development priorities without undermining investors' protection - thereby hinting at a fair and equitable treatment for host developing States." (Nitish Monebhurrun, afronomicslaw.org, March 2, 2021)

Contenu
Chapter 1: An Overview of the Study.- Chapter 2: The Historical Development of the FET Standard in International Investment Treaties.- Chapter 3: Different Constructions of the FET Standard in Investment Treaties.- Chapter 4: Country Classification and Developing Countries in International Investment Disputes.- , sans-serif;">Chapter 5: Current Arbitral Practice Relating to Social and Political Circumstances in Host Developing Countries: FET Standard in Context.- Chapter 6: Current Arbitral Practice Relating to Countries in Transition: The FET Standard in Context.- Chapter 7: Current Arbitral Practice Relating to Economic Crises in Host Developing Countries: The FET Standard in Context.- :minor-latin;mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman";msChapter 8: Key Problems in the Interpretation of the FET Standard by Current Arbitral Tribunals and Reconceptualising the FET Standard from Developing Countries' Perspectives.- Bibliography.