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The fair and equitable treatment (‘FET’) standard is a type of protection found in BITs which has become in the last decades one of the most controversial provisions examined by arbitral tribunals. This book first examines the interaction between the ‘minimum standard of treatment’ (MST) and the FET standard and the question why States started referring to the former in their BITs. It also addresses the question whether the FET should be considered as an autonomous standard of protection under BITs. This book also examines the controversial proposition that the FET standard should now be considered as a rule of customary international law. I will show that while the practice of States to include FET clauses in their BITs can be considered as general, widespread and representative, it remains that it is not uniform and consistent enough for the standard to have crystallised into a customary rule. States also lack the necessary opinio juris when including the clause in their BITs.

Investments, Foreign (International law) --- Investments, Foreign --- International law --- Law and legislation --- International investment law --- Investment law, International --- International commercial arbitration. --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Law and legislation.

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General principles of law play an important role in investment arbitraion and can be applied by a tribunal when no treaty provision or rule of customary international law exists regarding a particular issue. They can be used in traditional means, such as the interpretation of vague treaty terms, or for wider reaching issues emerging from the international legal order. Following a significant increase in references to the general principles of law by Investor-State tribunals questions have been raised around the meaning and function of these principles. Written by an expert in the field this book offers clear and comprehensive guidelins to better understand the nature, meaning, and function of general principles of law in the field of international investment law. Applying these principles to practice, this book assesses 17 concepts and notions in the field of investment arbitration, providing counsel and arbitrators with clear guidance on what should, and should not, be considered a general principle of law

Arbitration and award. --- International commercial arbitration. --- Investments, Foreign --- Law and legislation.

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This book analyses all relevant questions of State responsibility and attribution arising from the conduct of rebels and governments in the context of civil wars and rebellions aiming at the establishment of a new government or the creation of a new State. Based on a comprehensive analysis of both old and recent State practice, and case law, including investment awards, as well as the works of scholars and the International Law Commission, the book identifies ten basic rules which can be used by States and international tribunals. It explains the history, content and scope of application of the specific solutions adopted in Article 10 of the International Law Commission Articles on State responsibility to address particular problems. The book also critically revisits some of the solutions that have been put forward by tribunals and scholars, and examines a number of questions which have never been addressed by them before.

Insurgency --- Non-state actors (International relations) --- Government liability. --- State succession. --- War (International law) --- Civil war. --- Law and legislation. --- Civil wars --- Intra-state war --- Rebellions --- Government, Resistance to --- International law --- Revolutions --- War --- Hostilities --- Neutrality --- States, Creation of --- States, Succession of --- Succession of states --- Dismemberment of nations --- Recognition (International law) --- Government immunity --- Government liability --- Government responsibility --- Liability, Government --- Liability, Public --- Liability of the state --- Public liability --- Sovereign immunity --- State liability --- State responsibility --- Tort liability of the government --- Tort liability of the state --- Administrative law --- Administrative responsibility --- Constitutional law --- Liability (Law) --- Misconduct in office --- Public law --- Torts --- Act of state --- Constitutional torts --- State action (Civil rights) --- NGAs (International relations) --- Non-governmental actors (International relations) --- Nongovernmental actors (International relations) --- Non-state entities (International relations) --- Nonstate entities (International relations) --- Nonstate actors (International relations) --- Associations, institutions, etc. --- International relations --- Criminal law --- Law and legislation

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Arbitrage --- Arbitrage international --- Latin America. --- international arbitration. --- arbitration. --- Mexico. --- Mexique --- Amérique latine