FAIR AND EQUITABLE TREATMENT: SHOULD THE FAIR AND EQUITABLE TREATMENT STANDARD CRYSTALLISE INTO CLEAR, BUT RIGID, RULES? OR SHOULD IT INCLUDE FLEXIBLE, BUT VAGUE NOTIONS ON JUSTICE?
Loading...
Date
2016-03-23
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Bharati Vidyapeeth Deemed University, Pune, India.
Abstract
The growing concern of States in order to attract foreign investment into their territories has led to the formulation of a legal structure aimed at encouraging investment through the granting of a secure and stable environment for the investors in the host State. The core of this structure is the Fair and Equitable Treatment (FET) standard, which as a non-contingent standard, constitutes an independent and reliable system for the protection of the investors. However, the application of the true fairness concept underlying the standard seems at times to be in jeopardy, due to a serious lack of precision regarding its true meaning. Arbitrators and scholars have wandered from one interpretation to another, trying in occasions to fit the standard in existing legal concepts such as the international minimum standard of customary international law or simply creating a whole new
meaning by means of self-contained legal figure.
Description
Keywords
Citation
Bharati Law Review VOL 1