Fairness in International Investment Law

Thomas M. Franck

in Fairness in International Law and Institutions

Published in print January 1998 | ISBN: 9780198267850
Published online March 2012 | e-ISBN: 9780191683398 | DOI:
Fairness in International Investment Law

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The gap between developed and developing countries is so central an element of the fairness problematic that it must be addressed not only in terms of state-to-state action but also in terms of interaction between private investors in developed economies and the governments of states which receive overseas investment. One need not be an economist to be able to predict that investment by rich developed economies in poor underdeveloped ones is likely to give rise to social and political tensions capable of vitiating any potential economic benefits. This chapter examines fairness in international investment law, focusing first on the international law of foreign investment, stability and change in fairness disclosure, and the nature of an investment agreement. Bilateral and multilateral treaties in the fairness disclosure are also discussed, along with human rights treaties and investment fairness, duty and measure of compensation for taking, and the taking of aliens' property that may be unlawful per se in customary international law.

Keywords: fairness; international law; foreign investment; investment law; multilateral treaties; human rights; compensation; aliens; property

Chapter.  17110 words. 

Subjects: Public International Law

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