The Regulation of International Capital Doctrine Dissertation

The Regulation of International Capital Doctrine - Dissertation Example There is support for the view that the evolving standard of fair and equitable treatment is living up to its predictions and expectations. It can therefore be argued that contrary to popular belief in the literature, the standard for fair and equitable treatment in international investment treaties has evolved around a lot of uncertainty and inconsistencies. The uncertainty attending the application and interpretation of the doctrine of fair and equitable treatment is further compromised by whether or not there is a universally accepted standard relative to the minimum standard of treatment under customary international law. This research study proposes to rebut the argument that the doctrine of fair and equitable treatment standard has the potential to create a cohesive body of customary international law relative to the movement of foreign investment via BITs. This research study essentially aims to provide a critical analysis of the literature relative to existence and interpretat ion of the minimum standard treatment under customary international law, its consequences for the evolving concept of fair and equitable treatment standard as well as its development. It is argued that the number of treaties, the lack of a uniform standard under customary law, the need for protecting foreign investors and the need for resolving disputes give way to two opposing factors. First, a standard is necessary for sustaining the movement of capital across borders in an increasingly interconnected, but diverse world.

Philosophy and the Examined Life Essay Example | Topics and Well Written Essays - 750 words

Philosophy and the Examined Life - Essay Example It is evidently clear from the discussion that a person who lives an examined life should seek genuine knowledge and not mere victory over his opponents since the knowledge acquired is the one, which is important. This is clearly elaborated in Socrates first dialogue with Euthyphro when he informs him that he is pursuing the case of murder involving his father who had subjected one of his workers to death. Euthyphro argues that justice should prevail regardless of the relations that exist since moral duty must prevail. This argument makes Socrates ask him to define his understanding of moral duty where he responds by saying that moral duty is anything that is pious. He goes on to question him on his understanding of pious and is not able to define clearly the place of gods in moral duty. This kind of conversation shows that a person should seek the truth and he should not be motivated by anything else other than the truth. A sound development of a philosophical attitude enables one t o cultivate this habit of only seeking authentic knowledge. The philosophical approach enables a person to develop a sense of clear reasoning in all circumstances regardless of the consequences associated with the reasoning. Socrates in his dialogue â€Å"apology† after the jury has found him guilty of the accusations made against him goes on with his sound reasoning. He responds by clearly expressing his sense of reasoning, which was not evident in the rest including the court and his accuser Mellitus. Philosophy influences the actions of people in any society as seen in the life of Socrates who was able to influence Euthyphro when they met shortly before going to the court where he had been charged. Socrates was able to question him on his understanding of piety and justice ultimately influencing him to change his own beliefs. This kind of influence makes one understand the universe better because it prompts him to ask questions rather than just believing everything the way it is presented. An intelligent person who has a philosophical attitude will not merely study various disciplines but will excel and probably come up with innovations, which are very fundamental in the life of a man.