Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

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

Comments (0) Cite this document
(ii) Jurisprudence under investment treaties The considerable debate of NAFTA awards surrounding the relationship between the FET standard and IMS has also found a place within international investment agreements. When investment treaties outside NAFTA expressly refer to international law, tribunals under these treaties obviously apply the equating approach in order to interpret the FET standard.1 This approach has clearly been adopted in several awards.2 For instance, in Railroad Development Corporation v Guatemala,3 a recent award, the claimant alleged that the respondent did not treat it fairly and equitably contrary to Article 10.5 of the Central America Free Trade Agreement (CAFTA), beca…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.4% 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 xposes the claimant to sectional or racial prejudice, or involves a leak of due process”.7 However, the jurisprudential doctrine of understanding the international law minimum standard has also been developed under international investment agreements.8 Essentially, there have been two views surrounding the understanding of the minimum standard of treatment, wherein breaches lead to violations of the FET standard. Firstly, the traditional view, understands the customary international law minimum standard as was reflected in the Neer case in the 1920s.9 For instance, in Alex Genin v Estonia,10 where the respond authorities revoked the claimant’s bank licence, the tribunal illustrated the conducts that would violate the minimum standard; they concluded that they “would include acts showing a wilful neglect of duty, an insufficiency of action falling far below international standards, or even subjective bad faith”.11 Thus, it appears clear that the tribunal deals with the traditional view because it believes that the FET standard would be breached in case State acts in bad faith. Secondly, the evolutionary view, considers that the customary international law minimum standard has been evolved since the Neer case. For example, in Azurix case,12 after analysing some awards inside and outside NAFTA the tribunal believed that the minimum requirement to satisfy the FET standard has evolved, and held that “such intention and bad faith can aggravate the situation but are not an essential element of the standard. It is also understood that the conduct of the State has to be below international standards but those are not at the level of 1927s”.13 Furthermore, in the Railroad case,14 the tribunal also discussed the evolution of the minimum standard and adopted the conclusion that “the minimum standard of treatment is constantly in a process of development including since Neer’s formulation”.15 Therefore, after examining the ways of interpreting the FET standard, it is logical to say that the controversy between the equating and plain meaning approaches is constantly reviewed in most cases. This, without a doubt, appears in many arbitral awards both within and outside NAFTA, because tribunals are quite reluctant to resolve this controversy.16 In addition, investors almost adopt an expensive view, as in the case of the Pope & Talbot case, while host States seek to support the NAFTA FTC approach of interpreting FET. However, it seems that none of the advanced approaches are able to provide persuasive reasons for their construction of FET, due to the fact that “this controversy is misguided, and the dichotomy presented by ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Fair and Equitable Treatment on Foreign Investment and its Effects Essay - 1”, n.d.)
Fair and Equitable Treatment on Foreign Investment and its Effects Essay - 1. Retrieved from
(Fair and Equitable Treatment on Foreign Investment and Its Effects Essay - 1)
Fair and Equitable Treatment on Foreign Investment and Its Effects Essay - 1.
“Fair and Equitable Treatment on Foreign Investment and Its Effects Essay - 1”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

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

Property Investment Analysis

The Red Book valuation figures offer useful guidance on valuation, however they contain overlapping material from diverse sources. The Mallinson Report has identified the need for the RICS to publish a single, comprehensive and user friendly source of standards for valuers and establish a single point of coordination in the institution’s delivery of valuation services. The Report also states that the information provided needs to be more specific so that it place more specific further education demands on valuers. Additionally, there must be additional power provided to the Institution to investigate problem cases and take disciplinary action when it becomes necessary, despite the possibility of courts exerting a restricting...
13 Pages(3250 words)Assignment

Effects of Human Resource Systems on Manufacturing Performance and Turnover

Most of these developments, not surprisingly, have come from communities of scholars focusing on their own particular countries or regions, be it the US (for example, Arthur, 1994; Delery and Doty, 1996; Huselid et al., 1997), the UK (for example, Brewster, 1999; Guest et al., 2003), elsewhere in Europe (for example, D’Arcimoles, 1997; Lahteenmaki et al., 1998; Roderiguez and Ventura, 2003). The difference in perspective on the value of people in organizations and the validity of HRM, particularly in non-Western Countries may be best understood in terms of the concept of locus of human value (Jackson et al., 2003). Jackson et al. (2003) came up with a conceptual map of international organization and human resource management...
12 Pages(3000 words)Essay

United States Foreign Policy from 1945-1991

American Presidents presiding over some key events in history, such as the Cuban Missile Crisis, The Cold War, The Vietnam War, etc., were hindered from acting as public representatives due to pressure from the military-industrial complex. John Kennedy, Lyndon Johnson, Ronald Reagan, George Herbert Walker Bush, and George W. Bush – all of them were subject to these opposing interests. But eventually, the corporate-government nexus proved too powerful; and in this sense, American Presidents after the Second World War were largely restricted and powerless to uphold their higher personal values. Most of the strategic moves on part of the United States after the end of the Great War were directly in response to an anticipated th...
11 Pages(2750 words)Essay

Effects of Menopause on Women's Life

It is typically accompanied by some distressing physical and psychological symptoms in women that also impact middle adulthood. There is variation in the age at which menopause occurs; in the USA the average age at menopause is 51 years, but the usual range is 45 to 56 years. For unknown reasons ovaries gradually begin to change on hormone production during a womens mid-30s. In the womens the late 40s, the process speeds up and hormones fluctuate or change more causing irregular periods.

Some womens periods stop suddenly; others experience a perimenopause, a phase of irregular menstruation, and symptoms such as memory disturbance, bloating and feeling tired, that may be troublesome for 5 to 10 years. (Brown, 2002)
6 Pages(1500 words)Case Study

What Are the Effects of Industrial Pollution to Nature in Turkey

It is observed that electroplating and chemical industries are responsible for the generation of a considerable portion of emissions that contain heavy metals, and may affect adversely on human lives and environment. On the other hand, sugar, pharmaceuticals, and textile industries are responsible for the generation of organic pollutants in the atmosphere. Refineries, fertilizers, stone mines, and thermal power units are mainly the causing sectors of contributing a substantial amount of air pollution in the Turkish atmosphere. In specific, sulfur, nitrogen, and hydrogen sulfide are some of the main pollutants that are generated from the burning of fuels in the abovementioned industries in Turkey. Though vehicular sources also cont...
7 Pages(1750 words)Case Study

The Challenges of Foreign Market

Any multinational company is exposed to risks such as change of foreign currency exchange rate, commodity prices, and interest rates because it denominates its transactions in foreign currencies. That’s why there is also some uncertainty in future earnings, liabilities and assets values.
Therefore, before taking a decision on the country of entry, a profound analysis of its current political and economical situation is to be performed. According to Kotler and Armstrong (351-361), a decision on whether to enter a foreign market should be based on a profound analysis of potential risks and opportunities, as well as the company’s internal resources.
The company is a Limited Liability that exports roasted and gro...
11 Pages(2750 words)Case Study

Ryanairs Staff Treatment and Motivation Problems

To prove that not all of the public accusations against the way Ryanair handles its employees is true; a combination of qualitative and quantitative research methods will be utilized using research survey questionnaires. Aiming to strengthen the research survey results, an interview with Ryanair’s human resource assistant manager, customer service supervisor, duty manager, and duty controller was conducted to enable the researcher to gain a better insight with regards to employees’ views on labor unions and the type of motivational strategies used by the company.
Ryanair is an Irish low-cost airline with its head office in Dublin and its main operational base at London Stansted Airport. It is Europes major low-cos...
43 Pages(10750 words)Dissertation

Treatment of Congenital Deformities of the Talip

Clubfoot is rarely detected in ultrasonography before the 16th week of gestation. Four types of talipes have been identified. The most common one being talipes equine varus, commonly known as clubfoot. In this condition, the foot points down and twists inwards at the ankle joint. The other three forms of talipes are less common and are known as talipes equanovalgus in which the footpoints out and down, talipes calcanovarus in which the foot points inwards and up, and talipes calcanovalgus in which the foot points inwards and down.

Talipes is a complicated condition and its management depends on the degree of rigidity, associated abnormalities and secondary muscular changes (Morcuende et al 2006) In the UK, prior to 2001...
8 Pages(2000 words)Assignment

The Effects of Financial Crisis on Supplier Selection Criteria of the Oil and Gas Industry Equipment Market

It is a difficult task to find those vendors who not only have the adequate quality and quantity of the needed raw materials but who also have an attitude of efficiency and display commitment to customer service (Sonmat, 2006). Further, organizations also strive to locate and select vendors who can be depended upon for long term relationship.

The number of factors or attributes desired from the vendor is vast, and different organizations and different industries place different importance on the attributes (Sonmat, 2006). Some of the vendor attributes may gain importance owing to the nature of the industry, for example, in the case of consumer perishables suppliers, like fresh vegetables or fruits, the buying firm would...
20 Pages(5000 words)Literature review

Effects of the United States of America Troops in South Korea

Despite the few negative incidences of crime committed by the United States of America’s security troops that were deployed in the country on a peacekeeping mission.
Since the war in Korea began in the early nineteen fifties, the United States has stationed tens of thousands of soldiers, mostly the United States’ army personnel, in South Korea. Through the assistance of the South Korean troops and other neighboring governments, the American troops have been able to guard and offer maximum security to South Korean people. In line with the argument of James (2003), ‘most of the military bases in South Korea are relatively isolated’ thus the need for much attention from the troops so as to ensure maximum...
10 Pages(2500 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