Report
Report

Author: United States. Congress Senate

Publisher:

Published:

Total Pages: 2700

ISBN-13:

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The Effect of Treaties on Foreign Direct Investment
The Effect of Treaties on Foreign Direct Investment

Author: Karl P Sauvant

Publisher: Oxford University Press

Published: 2009-03-27

Total Pages: 795

ISBN-13: 0199745188

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Over the past twenty years, foreign direct investments have spurred widespread liberalization of the foreign direct investment (FDI) regulatory framework. By opening up to foreign investors and encouraging FDI, which could result in increased capital and market access, many countries have improved the operational conditions for foreign affiliates and strengthened standards of treatment and protection. By assuring investors that their investment will be legally protected with closed bilateral investment treaties (BITs) and double taxation treaties (DTTs), this in turn creates greater interest in FDI.

Fair and Equitable Treatment
Fair and Equitable Treatment

Author: Patrick Dumberry

Publisher: BRILL

Published: 2018-07-17

Total Pages: 88

ISBN-13: 9004366121

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The fair and equitable treatment (‘FET’) standard is a type of protection found in BITs which has become in the last decades one of the most controversial provisions examined by arbitral tribunals. This book first examines the interaction between the ‘minimum standard of treatment’ (MST) and the FET standard and the question why States started referring to the former in their BITs. It also addresses the question whether the FET should be considered as an autonomous standard of protection under BITs. This book also examines the controversial proposition that the FET standard should now be considered as a rule of customary international law. I will show that while the practice of States to include FET clauses in their BITs can be considered as general, widespread and representative, it remains that it is not uniform and consistent enough for the standard to have crystallised into a customary rule. States also lack the necessary opinio juris when including the clause in their BITs.