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Vol 21 No 10 Oct/Nov 2016

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The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context


ISBN13: 9789004232228
Published: May 2013
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £153.00



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In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historiographical analysis should be adopted in the interpretation of international investment law obligations.

Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.

This stimulating contribution to the discourse on interpretation of international investment law standards sheds new light on the formation of such primary obligations as fair and equitable treatment, protection and security and the customary international law minimum standard of treatment for aliens.

Additionally, a thought-provoking historical analysis explains why a one-size-fits-all approach to obligations found in both trade and investment treaties, such as MFN treatment and national treatment, must be rejected. With a keen attention to detail, The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context reveals the dynamic relationship between historical analysis, critical theory and the construction of both customary and treaty norms in international investment law.