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The International Minimum Standard and Fair and Equitable Treatment$
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Martins Paparinskis

Print publication date: 2013

Print ISBN-13: 9780199694501

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199694501.001.0001

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Investment Treaties, General International Law, and International Human Rights Law

Investment Treaties, General International Law, and International Human Rights Law

Chapter:
(p.171) 7 Investment Treaties, General International Law, and International Human Rights Law
Source:
The International Minimum Standard and Fair and Equitable Treatment
Author(s):

Martins Paparinskis

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199694501.003.0007

This chapter briefly outlines the legal authorities that influence the content of the modern international standard, considering different approaches from the perspectives of legal soundness and practical usefulness. It is suggested that the traditional customary law, human rights reasoning (whether interpretative or comparative), and modern State practice and investment arbitration decisions are likely to be influential. Conversely, general principles are unlikely to be helpful.

Keywords:   customary law, general principles, human rights, investment arbitration

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