Fair and Equitable Treatment and the Rule of Law

Elgar International Investment Law series

Velimir Živković, Assistant Professor and Director of LLM International Commercial Law, School of Law, University of Warwick, UK

综合室内外ting the Fair and Equitable Treatment Standard (FET), this discerning book presents how this standard in investment treaty disputes can be both legally justified and realistically beneficial. It reflects on how FET jurisprudence can be advantageous to both the rule of law and to the legitimacy of the international investment regime.

‘Among the many books on fair and equitable treatment (FET), this one stands out. It treads new grounds in arguing that the rule of law elements FET consists of should not be viewed as imposing an abstract and detached international law standard, but that compliance of the host State with domestic law and other international legal commitments should be put center stage, with equitable considerations playing a residual and corrective role. The book’s novel approach to FET presents a forceful argument for a further integration of international investment law, domestic law, and other specialized international legal regimes.’
– Stephan Schill, University of Amsterdam, the Netherlands

‘An imaginative new look at the application of the FET standard in a specifically rule of law context, which will be of interest to arbitrators and counsel alike.’
– Sir Franklin Berman KC, Essex Court Chambers, London, UK

‘Lord Steyn once famously observed that “in law context is everything.” This is true at the domestic level, but perhaps even more so at the international level. Professor Živković’s work places the fair and equitable treatment standard in historical and factual context, and by doing so makes a significant contribution to the global scholarship on the issue.’
– Charles T. Kotuby, University of Pittsburgh, School of Law, US and Durham Law School, UK