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Max Planck Encyclopedia of Public International Law [MPEPIL]

Fair and Equitable Treatment

Nicolas Angelet

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 09 December 2022

Subject(s):
Aliens, treatment — NAFTA (North American Free Trade Agreement) — Arbitrary (unreasonable) & discriminatory treatment standard — Coercion & harassment — Denial of justice — Fair and equitable treatment standard — Full protection and security — Good faith — International minimum standard — Legitimate expectations — Transparency — Customary international law — General principles of international law — Due process — BITs (Bilateral Investment Treaties) — Rule of law

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 Fair and equitable treatment (‘FET’) is a standard of international investment law which sets a quality requirement for the interference of host State regulatory and adjudicatory systems with foreign investments (see UNCTAD [2004] 213; Investments, International Protection). It has multiple terminological variants such as ‘just and equitable treatment’ or ‘equitable treatment’, which are of little assistance to determine its content (see Reinisch and Schreuer [2020] 251–54, 261–69, and 274–79). According to the UNCTAD Investment Dispute Settlement Navigator, a...
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