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The Fair and Equitable Treatment Standard in the International Law of Foreign Investment
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The Fair and Equitable Treatment Standard in the International Law of Foreign Investment

Ioana Tudor

Abstract

This book starts by exploring the classical sources of international law as possible sources for the Fair and Equitable Treatment (FET) standard. On the basis of an empirical study of 365 Bilateral Investment Treaties and of the existing regional and multilateral investment agreements, it finds that there is no uniformity among the drafting formulations of FET clauses, which means that the wording of each FET clause has to be carefully analysed. The book also argues that the FET standard is not part of the International Minimum Standard, but that it is an independent standard which became cust ... More

Keywords: arbitration, treatment, investment, fair, equitable, legitimate expectations, standard, compensation, custom, bilateral investment treaty

Bibliographic Information

Print publication date: 2008 Print ISBN-13: 9780199235063
Published to Oxford Scholarship Online: January 2009 DOI:10.1093/acprof:oso/9780199235063.001.0001

Authors

Affiliations are at time of print publication.

Ioana Tudor, author
Associate, Gide Loyrette Nouel, Warsaw

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