International law, fair and equitable treatment of foreign investors essay
Gourgourinis, A. Fair and Equitable Treatment in International Investment Law: The Art of Beware of Both the 'Elephants' and the 'Fleas' in the Normative 'Room' of Investment Protection, The Journal of World Investment and Trade, 2015, pp 335 -359. The variables taken into account in the evaluation of legitimate expectations arising from the legal framework call into question two basic principles of the FET discipline: first, that it relates to the investment and not to the investor, and. second, its absolute nature, as opposed to national treatment or MFN treatment. The FET standard for fair and equitable treatment in investment protection treaties remains at the core of states' obligations and thus often appears in disputes between investors and states. With remarkable. Abstract. This book begins by exploring the classical sources of international law as possible sources for the Fair and Equitable Treatment FET standard. Based on an empirical investigation into. For Martti Koskenniemi we can see this as an implicit 'structural bias' of a legal regime that only protects foreign investments. A more private law-oriented criticism along the same lines is that international investment law, as interpreted by arbitral tribunals, fails to respect the inner rationale of domestic private law in protecting, for example,