Fair and Equitable Treatment
Fair and Equitable Treatment

Author: Patrick Dumberry

Publisher: BRILL

Published: 2018-07-17

Total Pages: 88

ISBN-13: 9004366121

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The fair and equitable treatment (‘FET’) standard is a type of protection found in BITs which has become in the last decades one of the most controversial provisions examined by arbitral tribunals. This book first examines the interaction between the ‘minimum standard of treatment’ (MST) and the FET standard and the question why States started referring to the former in their BITs. It also addresses the question whether the FET should be considered as an autonomous standard of protection under BITs. This book also examines the controversial proposition that the FET standard should now be considered as a rule of customary international law. I will show that while the practice of States to include FET clauses in their BITs can be considered as general, widespread and representative, it remains that it is not uniform and consistent enough for the standard to have crystallised into a customary rule. States also lack the necessary opinio juris when including the clause in their BITs.

The Puppet Masters
The Puppet Masters

Author: Emile van der Does de Willebois

Publisher: World Bank Publications

Published: 2011-11-01

Total Pages: 230

ISBN-13: 0821388967

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This report examines the use of these entities in nearly all cases of corruption. It builds upon case law, interviews with investigators, corporate registries and financial institutions and a 'mystery shopping' exercise to provide evidence of this criminal practice.

Configuring the Networked Self
Configuring the Networked Self

Author: Julie E. Cohen

Publisher: Yale University Press

Published: 2012-01-24

Total Pages: 351

ISBN-13: 0300125437

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The legal and technical rules governing flows of information are out of balance, argues Julie E. Cohen in this original analysis of information law and policy. Flows of cultural and technical information are overly restricted, while flows of personal information often are not restricted at all. The author investigates the institutional forces shaping the emerging information society and the contradictions between those forces and the ways that people use information and information technologies in their everyday lives. She then proposes legal principles to ensure that people have ample room for cultural and material participation as well as greater control over the boundary conditions that govern flows of information to, from, and about them.

Beyond the Water's Edge
Beyond the Water's Edge

Author: Kathleen H. Hicks

Publisher: Rowman & Littlefield

Published: 2018-10-15

Total Pages: 245

ISBN-13: 1442280883

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This report assesses domestic political support for internationalist foreign policy by analyzing the motivations of members of Congress on key foreign policy issues. It includes case studies on major foreign policy debates in recent years, including the use of force, foreign aid, trade policy and U.S.-Russia relations. It also develops a new series of archetypes for describing the foreign policy worldviews of members of the 115th Congress to replace the current stale and unsophisticated labels of internationalist, isolationist, hawk and dove. Report findings emphasize areas of bipartisan cooperation on foreign policy issues given member ideologies.