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EYIEL Monographs - Studies in European and International Economic Law

Full Protection and Security in International Investment Law

Authors: Mantilla Blanco, Sebastián

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  • 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
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Buy this book

eBook $129.00
price for USA in USD (gross)
  • ISBN 978-3-030-24838-3
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $169.99
price for USA in USD
  • ISBN 978-3-030-24837-6
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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 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.


About the authors

Dr. Sebastián Mantilla Blanco, LL.M., Research Assistant at the chair of Prof. Dr. DDr. h.c. Herdegen, University of Bonn, Germany

Table of contents (16 chapters)

Table of contents (16 chapters)
  • Introduction

    Pages 1-14

    Mantilla Blanco, Sebastián

  • ‘Full Protection and Security’ in Historical Perspective: The Challenge of the Sources

    Pages 17-38

    Mantilla Blanco, Sebastián

  • The Origins of ‘Full Protection and Security’. From Medieval Reprisals to the Age of Enlightenment

    Pages 39-82

    Mantilla Blanco, Sebastián

  • A Battle of Gunboats and Books: ‘Full Protection and Security’ and the Minimum Standard of Treatment in Historical Perspective

    Pages 83-115

    Mantilla Blanco, Sebastián

  • The Calm After the Storm: ‘Full Protection and Security’ as an Element of the Minimum Standard of Treatment

    Pages 117-141

    Mantilla Blanco, Sebastián

Buy this book

eBook $129.00
price for USA in USD (gross)
  • ISBN 978-3-030-24838-3
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $169.99
price for USA in USD
  • ISBN 978-3-030-24837-6
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Full Protection and Security in International Investment Law
Authors
Series Title
EYIEL Monographs - Studies in European and International Economic Law
Series Volume
8
Copyright
2019
Publisher
Springer International Publishing
Copyright Holder
Springer Nature Switzerland AG
eBook ISBN
978-3-030-24838-3
DOI
10.1007/978-3-030-24838-3
Hardcover ISBN
978-3-030-24837-6
Series ISSN
2524-6658
Edition Number
1
Number of Pages
XXIII, 690
Topics