IDEAS home Printed from https://ideas.repec.org/p/oec/dafaaa/2004-3-en.html
   My bibliography  Save this paper

Fair and Equitable Treatment Standard in International Investment Law

Author

Listed:
  • OECD

Abstract

The obligation to provide “fair and equitable treatment” is often stated, together with other standards, as part of the protection due to foreign direct investment by host countries. It is an “absolute”, “non-contingent” standard of treatment, i.e. a standard that states the treatment to be accorded in terms whose exact meaning has to be determined, by reference to specific circumstances of application, as opposed to the “relative” standards embodied in “national treatment” and “most favoured nation” principles which define the required treatment by reference to the treatment accorded to other investment1. Although some references to the standard can be found in the first negotiating attempts of multilateral trade and investment instruments, it became established as a principle mainly through the increasing network of bilateral investment treaties. The obligation of the parties to investment agreements to provide to each other’s investments “fair and equitable treatment” ...

Suggested Citation

  • Oecd, 2004. "Fair and Equitable Treatment Standard in International Investment Law," OECD Working Papers on International Investment 2004/3, OECD Publishing.
  • Handle: RePEc:oec:dafaaa:2004/3-en
    DOI: 10.1787/675702255435
    as

    Download full text from publisher

    File URL: https://doi.org/10.1787/675702255435
    Download Restriction: no

    File URL: https://libkey.io/10.1787/675702255435?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Adlung, Rudolf & Molinuevo, Martin, 2008. "Bilateralism in services trade: is there fire behind the (BIT-)smoke?," WTO Staff Working Papers ERSD-2008-01, World Trade Organization (WTO), Economic Research and Statistics Division.
    2. Diana Carolina Bernal Pérez, 2018. "El derecho internacional de inversión extranjera y la industria extractiva. estándares internacionales en el sector extractivo," Books, Universidad Externado de Colombia, Facultad de Derecho, number 1057.
    3. Chu Thanh, Giang & Dinh Hoang, Anh & Nguyen Phuong, Linh, 2017. "Vietnam’s recognition and enforcement of foreign arbitral awards and preparation for EVFTA," Papers 1135, World Trade Institute.
    4. M. Sornarajah, 2006. "A law for need or a law for greed?: Restoring the lost law in the international law of foreign investment," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 6(4), pages 329-357, December.
    5. Ajibo Collins C., 2018. "The Role of Regional Courts in the Development of International Investment Law: The Case of NAFTA Chapter 11 Dispute Settlement Framework and ECtHR," The Law and Development Review, De Gruyter, vol. 11(1), pages 77-95, January.

    More about this item

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oec:dafaaa:2004/3-en. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: the person in charge (email available below). General contact details of provider: https://edirc.repec.org/data/caoecfr.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.