Nobody downloaded yet

Fair and Equitable Treatment on Foreign Investment and its Effects - Essay Example

Comments (1) Cite this document
Summary
This essay analyzes the jurisprudences of interpreting the FET standard in the light of both states and tribunals practise. The researcher of this essay also aims to present the definition of the FET standard according to some commentators’ views…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98% of users find it useful
Fair and Equitable Treatment on Foreign Investment and its Effects
Read TextPreview

Extract of sample "Fair and Equitable Treatment on Foreign Investment and its Effects"

Download file to see previous pages tle to the School of Law at Oxford Brookes University in 13th of February 2012, there are two significant issues that have been discussed by a plethora of scholars. The first issue is on the field of the concept of the FET standard. Some scholars discussed the difference between “fairness” and “equity”. In other words, whether the FET standards contains two standards, namely “fair” and “equitable” with independent meaning for each one or the FET standard appears as an unified standard. Scholars examined this question, due to the fact that arbitrators always make their decision on international investment dispute according to their notions of “fairness” and “equity”.4 As a result, the first argument of the dissertation is to analyse the meaning of the FET standard in order to know whether it contains two standard or not. The second issue is on the field of the interpreting the FET standard. Several scholars criticized the heterogeneity of the FET standard language in investment treaties and illustrated how that could affect on the extent of the standard.5 In other words, they argued that whether the FET standards reflect the international minimum standards of treatment? Such as national treatment and most favoured nation treatment, or it works as an autonomous standard or independence from other standards. Scholars observed this issue because some treaties state the FET standards as equivalent to the international minimum standard required by customary international law. Therefore, the second argument on the dissertation is whether the FET standard is measured the international minimum standard required by customary international law or it is an absolute or an autonomous standard. A Literature Review In order to gather relevant information to the...
The researcher started searching for information by using secondary sources first, such as books and journal articles on order to gather relevant information to the FET standard. Dolzer and Schreuer book is the first source that he has read. The authors discuss in their book the meaning of the FET according to tribunals practise in a number of cases. For instance, in the TECMED v Mexico case the tribunal presented the most comprehensive definition of the FET when it said that: The foreign investor expects the host State to act in a consistent manner, free from ambiguity and totally transparently in its relations with the foreign investor… The foreign investor also expects the host State to act consistently, i.e. without arbitrarily revoking any preexisting decisions or permits issued by the State that were relied upon by the investor to assume its commitments as well as to plan and launch its commercial and business activities. The investor also expects the State to use the legal instruments that govern the actions of the investor or the investment in conformity with the function usually assigned to such instruments, and not to deprive the investor of its investment without the required compensation. Therefore, the authors conclude that there is no a specific meaning of the FET standard owing to the fact that the concept of the standard in investment treaty is a broad and depend on different circumstances. Moreover, they analyse the history of the FET standard by illustrating multilateral investment treaties and bilateral investment treaties that contain the standard. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Fair and Equitable Treatment on Foreign Investment and its Effects Essay”, n.d.)
Retrieved from https://studentshare.org/law/1396404-fair-and-equitable-treatment-on-foreign-investment-and-its-effects
(Fair and Equitable Treatment on Foreign Investment and Its Effects Essay)
https://studentshare.org/law/1396404-fair-and-equitable-treatment-on-foreign-investment-and-its-effects.
“Fair and Equitable Treatment on Foreign Investment and Its Effects Essay”, n.d. https://studentshare.org/law/1396404-fair-and-equitable-treatment-on-foreign-investment-and-its-effects.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
iv
ivahlind added comment 2 months ago
Student rated this paper as
This document saved me today. I liked the structure. It was very useful for my law course.

CHECK THESE SAMPLES OF Fair and Equitable Treatment on Foreign Investment and its Effects

Fair And Equitable Treatment Of Organizational Stakeholders

...community like, for example, environmental pollution that may have a detrimental effect on the local inhabitants as explained by Jenson, (2001) The above confirms the symbiotic relationship between the organisation and its various stakeholders and suggests there may be mutual advantage in treating them in a fair and equitable manner which meets the reasonable expectations of the stakeholders. However, it also confirms that there may be conflicting expectations which may not easily be managed. Employees seek good wages and salaries and investors want good returns whilst customers expect quality products at a competitive (low) price. Performance measurement Traditionally,...
14 Pages(3500 words)Essay

Fair and Equitable Treatment on Foreign Investment and its Effects

...standard will be discussed in the following chapter. A. THE CONCEPT OF THE FET It appears clear that the most recent BITs have a clause that requires host States to treat foreign investors in a fair and equitable manner.19 Actually, the reason of including the FET standard in many investment agreements is because this standard has a stricter meaning that makes it the main factor of protecting investments and investors. In addition, the legal nature of the FET standard urges parties to combine this standard in their investment agreements, since it is basically different from other standard of treatments, such as national...
63 Pages(15750 words)Essay

Critically analyse the concept of fair and equitable treatment in investment treaties, taking into account recent investment

...? “Fair and Equitable Treatment Reality, Mirage or Dream? [ID Introduction Like all things in international relations, there is always controversy on how to properly interpret treaties. The legal definition of fair and equitable treatment (FET) is the customary or expected minimum standard of treatment applicable to aliens and their property or investments.1 The notion of a “fair and equitable treatment” in investment treaties is not wholly inaccurate or false, but it is also not wholly true, either. The parties to the treaty agree the...
15 Pages(3750 words)Essay

Critically analyse the concept of fair and equitable treatment in investment treaties, taking into account recent investment

..., equitable and without any discrimination and that the respective governments will honour the specific obligations committed with regard to foreign investments. This is mainly aimed to offer a predictable and stable environment for foreign investors and to minimise investment risks. Significantly, investment treaties will permit for settlement of disputes between host government and investors directly through international arbitrations without accessing to diplomatic shields by the investor’s home governments. Thus, of late, investment disputes have come to the vanguard of the international investment...
15 Pages(3750 words)Essay

Critical Analysis of the Concept of Fair and Equitable Treatment in Investment Treaties: Recent Investment Treaty Practice and Arbitration Cases

...?Critical Analysis of the Concept of “Fair and Equitable Treatment” in Investment Treaties: Recent Investment Treaty Practice and Arbitration Cases Introduction The growth of bilateral investment treaties (BITs) since the 1990s corresponds with a growth in legal developments at international law.1 The fact is, BITs have developed in such a way that they encapsulate their own laws under the broader application of customary international law.2 Ultimately, the principle of fair and equitable treatment occupies an important place under BITs and international foreign...
16 Pages(4000 words)Essay

Critically analyse the concept of ' fair and equitable treatment ' in investment treaties, taking into account recent investment

...in the recent years. In the context of international investment, inter-state negotiation, inter-governmental treaty drafting, diplomatic exchange, etc. have become frequent and critical. Naturally, the number of disputes between investors and host countries is increasing as well. Hence, the issue of fair and equitable treatment in international investment dealing is gaining momentum very rapidly. There is a need to urge the different countries of the world to avoid activities like confiscation, expropriation, discrimination, etc. in regards of the foreign investors and the objective can be achieved if and only if the basic principles of...
16 Pages(4000 words)Essay

Fair and Equitable Compensation

...Charter for an International Trade Organization. It provided that foreign investments should be given just and equitable treatment through the promotion of bilateral or multilateral agreements on certain measures and in the treatment for an enterprise, skill, capital, arts and technology coming from a member country to another (Yannaca-Small, C., n.d). Today, the definition of the treatment is not as far from its instigation when applied to the standard in the workplace. Simply put, it is a standard that makes sure every establishment should facilitate an equal distribution of skills, arts, technology with regard to the...
4 Pages(1000 words)Essay

Critically analyse fair and equitable treatment standard in international investment treaties, taking into account recent treaty

...?Fair and Equitable Treatment Introduction The global economy has spurred the growth of foreign direct investments in host countries. Investors who export their capital to other countries in this manner do expose their assets to risks of abusive and unfair treatment in those countries whose legal framework and disposition are unlike that of the home country. Inevitably, claims of perceived injustices give rise to disputes between parties in home and host countries, necessitating a regime that allows for claims settlement and awards that has sufficient compulsive power to effect compliance. In order to address the issue of...
15 Pages(3750 words)Essay

Foreign Investment

...the obligation of foreign investors. A broader view seeks for more expansive protection of investment. Mann (1981) contends that the term "fair and equitable treatment" envisage ways that goes above the minimum standard and provide a more expansive protection and consistent with a great deal more impartial standard than any formerly utilised form of words. Conclusion Foreign investment protection embraced in international has been a very contentious issue since the '70s, rousing various differing research and study on the subject. International law has to confront its own slackness in not establishing...
12 Pages(3000 words)Essay

International BusinessLaw (The Fair and Equitable Treatment standard in International Investment Law)

...of the USA inter-War treaties. The HCITO charter expressed the rules that needed establishment. Its negotiating materials provided an insight into the way the “just and equitable” in association with the relation to the law on investments received an understanding in the 1940s. However, just and equitable treatment received limited attentions in the public debates. It received treatment from the states as being an umbrella term that covered noble policies, which needed achievement by the conclusions made on the treaties1. Fundamentally, FET strives to strike a balance between protection of the international investment...
12 Pages(3000 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Fair and Equitable Treatment on Foreign Investment and its Effects for FREE!

Contact Us