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

Print publication date: 2008

Print ISBN-13: 9780199235063

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199235063.001.0001

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The FET in International Investment Agreements: A Typology of Drafting Formulations

The FET in International Investment Agreements: A Typology of Drafting Formulations

Chapter:
(p.15) Chapter 1 The FET in International Investment Agreements: A Typology of Drafting Formulations
Source:
The Fair and Equitable Treatment Standard in the International Law of Foreign Investment
Author(s):

Ioana Tudor

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199235063.003.0002

This chapter presents the results of empirical research conducted on the basis of 365 bilateral investment treaties, and of the existing regional and multilateral treaties that contain a FET clause. The conclusion of this research is that there are five main drafting variations of the FET clauses in the examined treaties, and that each of these variations may have an impact on the meaning of FET. The wording of each FET clause is therefore essential in establishing its application in each case. The research also concludes that not all investment treaties contain a FET clause. In the presence of so many variations, the question arises as to the common denominator that ensures the coherence among them and the existence of a single standard.

Keywords:   bilateral investment treaties, clause, drafting, regional, multilateral, wording

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