Islam, Rumana (2015) Arguments in favour of reconceptualising the fair and equitable treatment (FET) standard in international investment arbitration : developing countries in context. PhD thesis, University of Warwick.

Preview

PDF WRAP_Thesis_ISLAM_2014.pdf - Requires a PDF viewer. Download (1846Kb) | Preview

Request Changes to record.

Abstract

The Fair and Equitable Treatment (FET) standard is the most important and, because of its flexible nature and its status as a ‘catch-all’ provision, most controversial investment protection standard in international investment treaties. The standard imposes the most far-reaching obligation of any aspect of such treaties. This thesis’ core contention is that the current investment tribunals’ interpretation of the FET standard prioritises the interests of foreign investors and neglects the perspectives of host developing countries. Therefore there is a pressing need to reconceptualise the interpretation of the FET standard. In service to depicting the perspectives of host developing countries, this thesis advances an understanding of classifications such as ‘developing’ and ‘developed’ that reflects the issues and challenges that these countries face in the investment dispute context, such as their lack of resources, administrative capacity, technology, and infrastructure, as much as the economic and social level of development international organisations generally emphasise in their classifications. It addresses socio-political circumstances such as political instability, social unrest, conflict and its aftermath, social and political transition, and economic crises and their impact on host developing countries in the investment dispute context. Through a detailed study of the approaches they have taken to such issues in their interpretation of the breach of FET standard in disputes involving host developing countries, it shows that current investment tribunals have taken inconsistent and inadequate approaches to the issues host developing countries face. It argues that a reconceptualised interpretation of the FET standard which acknowledges the developmental issues and challenges this thesis has identified would accommodate the needs of the host developing countries while continuing to give reasonable protections to foreign investors and therefore serve the needs of the system as a whole.

Item Type:	Thesis (PhD)
Subjects:	K Law [LC] > K Law (General)
Library of Congress Subject Headings (LCSH):	Arbitration and award-- Developing countries, Dispute resolution (Law), Equity-- Developing countries., Investments--Developing countries., Investments, Foreign-- Developing countries., Free trade agreemtment-- Developing countries, Competition, Unfair-- Law and legislation, International business enterprises--Investments.
Official Date:	3 April 2015
Dates:	Date Event 3 April 2015 Submitted
Institution:	University of Warwick
Theses Department:	School of Law
Thesis Type:	PhD
Publication Status:	Unpublished
Supervisor(s)/Advisor:	Harrison, James,|d1979- ; Cole Tony
Sponsors:	Commonwealth Scholarship Commission (CSC) United Kingdom
Extent:	xxvi, 279 leaves
Language:	eng

Request changes or add full text files to a record

Repository staff actions (login required)

View Item

Downloads