Fair and equitable treatment
By: United Nations Conference on Trade and Development
Series: UNCTAD series on issues in international investment agreements II; UNCTAD series on issues in international investment agreements II
Publisher: United Nations
Published: 2012
Place of publication: New York
Language: eng
Number of pages: 141
ISBN-13: 9789210563055; 9789211128277
Subjects: Foreign Investments; Law and legislation; LAW; International
Description: "In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher
Notes: "A sequel"--Cover

"UNCTAD/DIAE/IA/2011/5"--Page iii

"United Nations publication, sales no. E.11. II. D.15"--Page iii

"Cases and arbitral awards"--Page 123 -128

Includes bibliographical references (pages 117-121).
Table of contents: title: Introduction; title: Explanation of the issue. Key characteristics of the standard ; Key development issues; title: Stocktaking of treaty practice. Formulations of the FET standard in current treaty practice ; No FET obligation ; Unqualified FET formulation ; FET linked to international law ; FET linked to the minimum standard under customary international law ; FET with additional substantive content; title: Investor-state arbitral practice. Relationship between the FET standard and the minimum standard of treatment ; Emerging substantive content of the FET standard ; Summary and implications for international investment treaties; title: Options for negotiators and policymakers; title: References; title: Cases and arbitral awards; title: Selected UNCTAD publications on international investment agreements, transnational corporations and foreign direct investment; title: Questionnaire.