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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, 2021. All Rights Reserved.date: 24 January 2021

Subject(s):
Regional co-operation — Fair and equitable treatment standard — International investment law — Good faith — International minimum standard — NAFTA (North American Free Trade Agreement) — Taxation, double — Pacta sunt servanda — Object & purpose (treaty interpretation and) — BITs (Bilateral Investment Treaties) — Vienna Convention on the Law of Treaties — Customary international law — Rule of law — General principles of international law — Equity

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, with some terminological variants such as ‘just and equitable treatment’ or ‘equitable treatment’, sets a quality requirement separate from domestic law for the interference of host State regulatory and adjudicatory systems with foreign investments (see McLachlan Shore and Weiniger 260; UNCTAD [2004] 213; Investments, International Protection).2 FET is concerned with treatment, that is, essentially with the host State’s decision-making process rather than with the...
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