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Tipping the Balance towards Investors?

Tipping the Balance towards Investors? 1. INTRODUCTION The constant growth of multilateral, regional and bilateral1 relations have brought - in the investment field - the use of a number of clauses and standards that search to offer a safer environment to investors and though tempt their launch in foreign countries. Among them, we can find the most favored nation treatment (MFN), national treatment, fair and equitable treatment (FET), international minimum standard of treatment, and full protection and security. In this scenario, during the past five years, an important series of arbitral decisions had accorded greater protection to investments than many realized was possible.2 Therefore, a consequent review and analysis of the content and extent of the investor's protections had begun within the arbitral tribunal arena and in the local forums. Among these standards the increasing use of the fair and equitable treatment in treaty law in the post war era3 was remarkable. Its use had also brought a wide range of issues that are being discussed in the international forums and that we will consider in this article.4 Many of the controversies arise because the concepts "fair" and "equitable" are by themselves inherently subjective and do not have a clear definition. Furthermore, difficulties http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

Tipping the Balance towards Investors?

Journal of World Investment and Trade , Volume 9 (2): 16 – Jan 1, 2008

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1660-7112
eISSN
2211-9000
DOI
10.1163/221190008X00133
Publisher site
See Article on Publisher Site

Abstract

1. INTRODUCTION The constant growth of multilateral, regional and bilateral1 relations have brought - in the investment field - the use of a number of clauses and standards that search to offer a safer environment to investors and though tempt their launch in foreign countries. Among them, we can find the most favored nation treatment (MFN), national treatment, fair and equitable treatment (FET), international minimum standard of treatment, and full protection and security. In this scenario, during the past five years, an important series of arbitral decisions had accorded greater protection to investments than many realized was possible.2 Therefore, a consequent review and analysis of the content and extent of the investor's protections had begun within the arbitral tribunal arena and in the local forums. Among these standards the increasing use of the fair and equitable treatment in treaty law in the post war era3 was remarkable. Its use had also brought a wide range of issues that are being discussed in the international forums and that we will consider in this article.4 Many of the controversies arise because the concepts "fair" and "equitable" are by themselves inherently subjective and do not have a clear definition. Furthermore, difficulties

Journal

Journal of World Investment and TradeBrill

Published: Jan 1, 2008

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