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Human Rights in International Investment Law and Arbitration$
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Pierre-Marie Dupuy, Ernst-Ulrich Petersmann, and Francesco Francioni

Print publication date: 2009

Print ISBN-13: 9780199578184

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199578184.001.0001

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The Fair and Equitable Treatment Standard and Human Rights Norms

The Fair and Equitable Treatment Standard and Human Rights Norms

(p.310) 14 The Fair and Equitable Treatment Standard and Human Rights Norms
Human Rights in International Investment Law and Arbitration

Ioana Knoll-Tudor

Oxford University Press

This chapter scrutinizes the possible interactions between human rights and investor-state arbitration focussing on the role that the fair and equitable treatment (FET) standard might play in such interaction. The FET standard is found in most of the 2,000 Bilateral Investment Treaties (BITs) signed between more than 170 countries in the world as well as in some multilateral and regional conventions, it is therefore important to first establish the sources and content of this standard. The first part of this chapter inquires into the conventional and customary sources of the FET and discusses the concrete situations in which the FET standard has already been applied. The second part focuses on the relationship between FET and HR norms. It enquires into the rationale of applying human rights norms in international investment law cases since most BITs do not contain a specific reference to HR. It then specifically focuses on the scenarios in which FET may interact with HR norms.

Keywords:   investor-state arbitration, FET standard, BITs, HR norms, case law

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