Overview
- Analyzes the standard of “full protection and security” (FPS) and serves as an excellent guide through the literature and relevant arbitral practice
- Provides a comprehensive and up-to-date study of the FPS standard
- Examines the evolution of FPS from its medieval roots to the modern age
Part of the book series: European Yearbook of International Economic Law (EUROYEAR, volume 8)
Part of the book sub series: EYIEL Monographs - Studies in European and International Economic Law (EYIELMONO)
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Table of contents (16 chapters)
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Front Matter
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Formation of the Standard: The Long Path to Customary International Law
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Front Matter
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Scope of the Customary Standard
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Front Matter
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‘Full Protection and Security’ Clauses in International Investment Agreements
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Front Matter
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Keywords
About this book
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 othertreaty-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.
Authors and Affiliations
About the author
Bibliographic Information
Book Title: Full Protection and Security in International Investment Law
Authors: Sebastián Mantilla Blanco
Series Title: European Yearbook of International Economic Law
DOI: https://doi.org/10.1007/978-3-030-24838-3
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG 2019
Hardcover ISBN: 978-3-030-24837-6Published: 06 November 2019
Softcover ISBN: 978-3-030-24840-6Published: 06 November 2020
eBook ISBN: 978-3-030-24838-3Published: 24 October 2019
Series ISSN: 2364-8392
Series E-ISSN: 2364-8406
Edition Number: 1
Number of Pages: XXIII, 690
Topics: Dispute Resolution, Mediation, Arbitration, International Economic Law, Trade Law, Trade, Investments and Securities