Full Protection and Security in International Investment Law

• Main Author: Mantilla Blanco, Sebastián (Author, http://id.loc.gov/vocabulary/relators/aut)
• Corporate Author: SpringerLink (Online service)
• Format: Electronic eBook
• Language: English
• Published: Cham : Springer International Publishing : Imprint: Springer, 2019.
• Edition: 1st ed. 2019.
• Series: EYIEL Monographs - Studies in European and International Economic Law, 8
• Subjects: Mediation.; Dispute resolution (Law).; Conflict management.; International law.; Trade.; Business.; Commerce.; Investment banking.; Securities.; Dispute Resolution, Mediation, Arbitration.; International Economic Law, Trade Law.; Investments and Securities.

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...

Table of Contents:

• Introduction,- Part I: Formation of the Standard: The Long Path to Customary International Law,- 'Full Protection and Security' in Historical Perspective: The Challenge of the Sources
• The Origins of 'Full Protection and Security'. From Medieval Reprisals to the Age of Enlightenment
• A Battle of Gunboats and Books: 'Full Protection and Security' and the Minimum Standard of Treatment in Historical Perspective
• The Calm After The Storm: 'Full Protection and Security' as an Element of the Minimum Standard of Treatment
• Part II: Scope of the Customary Standard
• Scope of Application of the Customary Standard: Conceptual Framework
• Subjective Scope of Application of the Customary Standard of 'Full Protection and Security'
• Objective Scope of Application: Protected Interests and Covered Risks
• Objective Scope of Application: Irrelevance of the Distinction between Physical and Nonphysical Harm
• The Temporal Scope of Application of the Customary Standard of 'Full Protection and Security'
• Part III: Content of the Standard
• The Characterization of the Obligation to Provide 'Full Protection and Security'
• Due Diligence in the International Law of Aliens: Conceptual Framework
• Due Diligence in the Context of 'Full Protection and Security' Claims
• Part IV. Full Protection and Security Clauses in International Investment Agreements
• Protection and Security Clauses in Investment Treaties: A Typology
• 'Full Protection and Security' Clauses and Other Treaty Provisions
• Conclusion: The Night Watchman State
• Bibliography. .