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International Investment Law

Arnaud de Nanteuil

This comprehensive book provides a complete overview of the international legal system of foreign investment protection, synthesising material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection. Through this systematic approach, the book considers all aspects of the discipline, providing a thorough and accessible analysis.
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Chapter 9: SUBSTANTIVE PROTECTION (3): ABSOLUTE STANDARDS OF PROTECTION

Arnaud de Nanteuil

Extract

This chapter explores the substantive rules of protection of foreign investment, excluding non-discrimination clauses. It addresses the issue of fair and equitable treatment (including the relationship with the minimum standard of treatment and the content of the protection granted under the banner of FET), expropriation (including the conditions for lawfulness and the specific issue of indirect expropriation), full protection and security (including the question of its exact scope and its relationship with FET), the guarantee of free transfer (including the scope of the guarantee and the issue of currency), the prohibition of performance requirements and the compensation for losses clause. For each provision, the content of the protection granted is described and the remaining questions are mentioned, with some elements of answers where possible.

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