Book contents
- Frontmatter
- Contents
- Contributors
- Editors' preface and acknowledgements
- Table of cases
- Table of Treaties
- Part I Introduction
- Part II Shifts in fundamental character
- Part III Actors in international investment law
- 8 Sovereign wealth funds and international investment law
- 9 Investor misconduct: Jurisdiction, admissibility or merits?
- 10 The European Union as a global investment partner: Law, policy and rhetoric in the attainment of development assistance and market liberalisation?
- 11 The ‘fair and equitable treatment’ standard and the circumstances of the host State
- 12 The plea of necessity under customary international law: A critical review in light of the Argentine cases
- 13 Making way for the public interest in international investment agreements
- 14 The participation of sub-national government units as amici curiae in international investment disputes
- Part IV The new significance of procedure
- Part V Engagement with cross-cutting issues
- Part VI Conclusions
- Index
- References
11 - The ‘fair and equitable treatment’ standard and the circumstances of the host State
from Part III - Actors in international investment law
Published online by Cambridge University Press: 05 December 2011
- Frontmatter
- Contents
- Contributors
- Editors' preface and acknowledgements
- Table of cases
- Table of Treaties
- Part I Introduction
- Part II Shifts in fundamental character
- Part III Actors in international investment law
- 8 Sovereign wealth funds and international investment law
- 9 Investor misconduct: Jurisdiction, admissibility or merits?
- 10 The European Union as a global investment partner: Law, policy and rhetoric in the attainment of development assistance and market liberalisation?
- 11 The ‘fair and equitable treatment’ standard and the circumstances of the host State
- 12 The plea of necessity under customary international law: A critical review in light of the Argentine cases
- 13 Making way for the public interest in international investment agreements
- 14 The participation of sub-national government units as amici curiae in international investment disputes
- Part IV The new significance of procedure
- Part V Engagement with cross-cutting issues
- Part VI Conclusions
- Index
- References
Summary
Introduction
Investment treaties oblige the parties to provide a certain level of protection to investments and investors from the other parties to the treaty. For example, most investment treaties oblige the State to pay compensation if it expropriates the investment, as well as to provide ‘fair and equitable treatment’. The treaties generally also give foreign investors the right to claim before a tribunal that the State has failed to provide that level of protection.
Some States have responded to these claims by arguing that their circumstances affect the standard of fair and equitable treatment that they are obliged to provide. The States have argued that, while their treatment of the foreign investor was fair and equitable, similar treatment by another State not facing similar circumstances would fall short of the standard.
- Type
- Chapter
- Information
- Evolution in Investment Treaty Law and Arbitration , pp. 223 - 245Publisher: Cambridge University PressPrint publication year: 2011
References
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