An Empirical Study of the Fair and Equitable Treatment Standard Clause : How Tribunals Have Examined Its Relationship with the Minimum Standard.

Format:

Book

Author/Creator:

Dumberry, Patrick.

Language:

English

Subjects (All):

Customary law, International.

Commercial treaties.

Physical Description:

1 online resource (249 pages)

Edition:

1st ed.

Place of Publication:

Alphen aan den Rijn : Wolters Kluwer Law International, 2024.

Summary:

This book provides an empirical analysis of the Fair and Equitable Treatment (FET) standard clause in investment treaties, examining its interaction with the Minimum Standard of Treatment (MST) in customary international law. The author, Patrick Dumberry, explores how tribunals have interpreted FET clauses, their impact on liability and compensation, and the evolution of these standards in international law. The work is intended for legal scholars and practitioners interested in international investment law, offering insights into case law and the theoretical implications of the convergence of FET and MST. The book assesses the importance of specific wording in FET clauses and critiques the theory of convergence, arguing against its application based on state intentions. Generated by AI.

Contents:

Cover

Half-Title Page

Title Page

Copyright Page

Table of Contents

List of Abbreviations

Acknowledgements

General Introduction

I The Scope of This Book

II The Structure of This Book

Part I ‘The Interaction Between the FET and the MST’

Introduction

I The Emergence of the MST as a Rule of Customary International Law

1.1 The Concept of the MST and Its Customary Status

1.2 The Historical Foundation of the MST

1.3 The Challenge to Existing Customary Rules, Including the MST, Led by Newly Independent States in the 1960s and 1970s

1.4 The New Phenomenon of ‘Treatification’ in the 1990s

II The Emergence of the FET Standard in Investment Treaties and Its Interaction with the MST

2.1 Early Appearance of the Standard in Multilateral Instruments and Current Overwhelming Presence in BITs

2.2 Why Did States Start Referring to the FET Standard Instead of the MST in Their Investment Treaties?

2.3 FET Should Be Considered a Treaty Standard Independent from the MST, Except in Specific Situations

III The ‘Return’ of the MST

3.1 The NAFTA Odyssey and Its Impact on the Evolution of the FET Standard

3.2 The Elements of ‘Clarification’ Contained in the US Model BIT

3.3 The Proliferation of Very Detailed FET Clauses in Recent Years

3.4 CETA: The Ultimate Detailed FET Clause

Part II ‘Analysis of Case Law’

Introduction and a Few Words on Methodology

I Stand-Alone FET Clauses

1.1 Awards Interpreting the Clause to Have an Autonomous Character Generated by AI.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

Other Format:

Print version: Dumberry, Patrick An Empirical Study of the Fair and Equitable Treatment Standard Clause

ISBN:

9789403525181