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Full Protection and Security in International Investment Law

  • Sebastián Mantilla Blanco
Book

Part of the European Yearbook of International Economic Law book series (EUROYEAR, volume 8)

Also part of the EYIEL Monographs - Studies in European and International Economic Law book sub series (EYIELMONO, volume 8)

Table of contents

  1. Front Matter
    Pages i-xxiii
  2. Sebastián Mantilla Blanco
    Pages 1-14
  3. Formation of the Standard: The Long Path to Customary International Law

  4. Scope of the Customary Standard

  5. Content of the Standard

  6. ‘Full Protection and Security’ Clauses in International Investment Agreements

    1. Front Matter
      Pages 493-493
    2. Sebastián Mantilla Blanco
      Pages 611-613
  7. Back Matter
    Pages 615-690

About this book

Introduction

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 diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law.

Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the concept of due diligence in the law of state responsibility. It additionally explores the interpretation and application of FPS clauses, drawing particular attention to the diverse wording used in investment treaties, the role ascribed to custom, and the interplay between FPS and other treaty-based standards.

Besides delivering a detailed analysis of the FPS standard, this book also serves as a guide to the relevant sources, providing an overview of numerous legal instruments, examples of state practice, arbitral decisions, and related academic publications about the standard.

Keywords

International Investment Law Full Protection and Security Due Diligence State Responsibility Customary International Law Investment Treaties full protection and security FPS FPS standard

Authors and affiliations

  • Sebastián Mantilla Blanco
    • 1
  1. 1.BonnGermany

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-030-24838-3
  • Copyright Information Springer Nature Switzerland AG 2019
  • Publisher Name Springer, Cham
  • eBook Packages Law and Criminology
  • Print ISBN 978-3-030-24837-6
  • Online ISBN 978-3-030-24838-3
  • Series Print ISSN 2364-8392
  • Series Online ISSN 2364-8406
  • Buy this book on publisher's site