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Is Fair and Equitable Fair, Equitable, Just, or Under Law?

Published online by Cambridge University Press:  28 February 2017

Howard Mann
Howard Mann*
Affiliation:
International Institute for Sustainable Development
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Abstract

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Type
Fair and Equitable Treatment in International Law
Information
Proceedings of the ASIL Annual Meeting , Volume 100 , 2006 , pp. 74 - 77
Copyright
Copyright © American Society of International Law 2006

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References

1 A senior Canadian arbitrator not long ago likened the appointment process to the Mafia: one has to be among the chosen.

2 Roberto Danino, Making the Most of International Investment Agreements: A Common Agenda, Transnat’l Disp. Mgmt. (Jan. 2006), available at <http://www.transnational-dispute-management.com>.

3 Ghana v. Telekom Malaysia Berhard, District Court of the Hague, Challenge No. 13/2004, Petition No. HA/ RK 2004.667 (Oct. 18, 2004); Challenge No. 17/2004, Petition No. HA/RK/2004/778 (Nov. 5, 2004). The decision is available at <http://www.transnational-dispute-management.com>.

4 Danino, supra note 2.

5 For a deeper analysis of the links between lex mercatoria and the fair and equitable standard, see Noemi Galor, Towards a Transdisciplinary Discourses on the Link of Trade and Investment International Law, and Global Governance, paper presented at Eleventh Annual Conference, Global Trade & Investment Challenges for Western Hemispheric Development, Laredo Texas (Apr. 5-8, 2006). The conference was sponsored by Texas A&M International University (U.S.) & Monterrey Institute of Technology (Mexico).

6 There is a difference between a contextual standard such as this, and a comparative standard such as national treatment.

7 United Nations Conference on Trade and Development, IIA Monitor No. 4 (2005), Latest Developments in Investor-State Dispute Settlement, UNCTAD/Webate/IIT/2005/2.

8 A more comprehensive approach to a new model for the fair and equitable standard and its adjudication in investor state cases can be found in Mann, Howard et al., USD Model Agreement on Investment for Sustainable Development, 20 ICSID Rev.: For. Inv. L.J. 91 (2005)CrossRefGoogle Scholar.