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Fair and equitable treatment / United Nations Conference on Trade and Development.

Contributor(s): Material type: TextTextSeries: UNCTAD series on issues in international investment agreements IIPublisher: New York : United Nations, 2012Description: 1 online resource (xvii, 141 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9789210563055
  • 9210563050
Subject(s): Genre/Form: Additional physical formats: Print version:: Fair and equitable treatmentDDC classification:
  • 341.752 22
LOC classification:
  • K3830 .F35 2012eb
Online resources:
Contents:
Introduction -- Explanation of the issue. Key characteristics of the standard ; Key development issues -- Stocktaking of treaty practice. Formulations of the FET standard in current treaty practice ; No FET obligation ; Unqualified FET formulation ; FET linked to international law ; FET linked to the minimum standard under customary international law ; FET with additional substantive content -- Investor-state arbitral practice. Relationship between the FET standard and the minimum standard of treatment ; Emerging substantive content of the FET standard ; Summary and implications for international investment treaties -- Options for negotiators and policymakers -- References -- Cases and arbitral awards -- Selected UNCTAD publications on international investment agreements, transnational corporations and foreign direct investment -- Questionnaire.
Summary: "In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher
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"A sequel"--Cover

"UNCTAD/DIAE/IA/2011/5"--Page iii

"United Nations publication, sales no. E.11. II. D.15"--Page iii

"Cases and arbitral awards"--Page 123 -128

Includes bibliographical references (pages 117-121).

Introduction -- Explanation of the issue. Key characteristics of the standard ; Key development issues -- Stocktaking of treaty practice. Formulations of the FET standard in current treaty practice ; No FET obligation ; Unqualified FET formulation ; FET linked to international law ; FET linked to the minimum standard under customary international law ; FET with additional substantive content -- Investor-state arbitral practice. Relationship between the FET standard and the minimum standard of treatment ; Emerging substantive content of the FET standard ; Summary and implications for international investment treaties -- Options for negotiators and policymakers -- References -- Cases and arbitral awards -- Selected UNCTAD publications on international investment agreements, transnational corporations and foreign direct investment -- Questionnaire.

"In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher

Print version record.

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