The International Minimum Standard and Fair and Equitable Treatment

Paparinskis argues with depth of argument, a wealth of materials and rigour of analysis, that international human rights could be used to fill the temporal gap between the classic and modern content of international minimum standards… In this useful book, the astuteness and innovation of arguments cultivated by the author lies in drawing from the jurisprudence of international human rights law for its application in investment law. * Prabhakar Singh, Australian Year Book of International Law *This is a work of significant scholarship which brings together a wealth of historical and comparative material. * Jonathan Ketcheson, The British Yearbook of International Law *There can be no-one active in the field of investment arbitration who hasn’t been challenged, or even perplexed, or at least confronted by the question of the relationship between the guarantee of fair and equitable treatment for foreign investments or investors stipulated in bilateral or multilateral treaties and what is usually referred to as the ‘minimum standard’ laid down by customary international law. But it won’t be possible for that debate to continue in future without reference to Martins Paparinskis’s superbly researched monograph. More precisely, no excuse will remain for a failure to bring into the discussion the available materials bearing on the question, all of which are now gathered together between one set of slim covers. * Sir Frank Berman, EIJL Talk *The global economic situation makes the publication of Martins Paparinskis monograph on this aspect of investment protection particularly timely … Drawing on a wide and varied range of sources Paparinskis traces the development of the protection standard and the legal sources of such protection before attempting to identify the contents of the current standard. * Tim Hiller, German Yearbook of International Law *In this insightful monograph, Martins Paparinskis turns a keen analytical mind to the relationship between the treaty-based obligation of states to accord foreign investment “fair and equitable treatment” (FET) and the international minimum standard of treatment required by customary international law … One of the pleasures of this book is its engagement with these materials on their own terms and in historical context … The salutary effect is to provide the reader with a greater appreciation for the contemporary debates as they unfolded. * Andrew Loewenstein, Global Arbitration Review *

Martins Paparinskis is a Lecturer at University College London. He has previously been a Junior Research Fellow at Merton College, University of Oxford, and a postdoctoral fellow at the New York University. Martins Paparinskis holds a DPhil from the University of Oxford.