Naslov
Fair and Equitable Treatment Standard in Investment Treaties and General International Law

Autori
Muhvić, Davor

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
Economic and Social Development: 16th International Scientific Conference on Economic and Social Development "Legal Challenges of Modern World": Book of Proceedings / Primorac, Željka ; Bussoli, Candida ; Recker, Nicholas - Varaždin : VADEA, 2016, 33-42

Skup
16th International Scientific Conference on Economic and Social Development "Legal Challenges of Modern World"

Mjesto i datum
Split, Hrvatska, 01.09.2016. - 02.09.2016

Vrsta sudjelovanja
Ostalo

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
fair and equitable treatment standard ; general (customary) international law ; investment treaties ; minimum standard of treatment of aliens

Sažetak
Fair and equitable treatment (FET) standard is a common part of contemporary bilateral investment treaties, as well as other international investment agreements. Indeed, in the last two decades the practice of investment treaty arbitration has revealed FET standard as the most important standard for foreign investors' international legal protection. This paper analyzes the relationship of this in principle treaty standard with general international law. Investment treaties generally do not provide a definition of FET standard and they are not uniform with regard its association with general international law. This has placed a lot of burden on investment arbitration tribunals who interpret this standard by taking into account the text and context of particular investment treaty. The paper gives an overview of relevant literature and practice of investment arbitration tribunals in considering two main questions. Firstly, the author considers whether the FET standard as such represents the existing general customary international law in the form of the long time acknowledged minimum standard of treatment of aliens. Secondly, the author considers whether the very large number of contemporary investment treaties, accompanied by the constantly growing arbitration practice with regard to FET standard has some sort of a rebound effect on general customary international law. The main conclusion of the paper is that the mutual influence of relevant customary and treaty law, as well as FET standard's more objective and clearer nature than the minimum standard says a lot about the potency of this standard to confirm its place in general international law.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA