Full protection and security in international investment law / Sebastián Mantilla Blanco.

Publisher's description: 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...

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Bibliographic Details
Main Author: Mantilla Blanco, Sebastián (Author)
Format: Book
Language:English
Published: Cham, Switzerland : Springer Nature, [2019]
Series:European yearbook of international economic law. EYIEL monographs ; v. 8.
EYIEL Monographs : studies in European and international economic law ; volume 8.
Subjects:
Table of Contents:
  • Foreword / Matthias Herdegen
  • '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
  • 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'
  • 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
  • 'Protection and security' clauses in investment treaties : a typology
  • 'Full protection and security' clauses and other treaty provisions
  • The night watchman state.