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13 Other Treatment Standards

From: The Law of Investment Treaties (3rd Edition)

Jeswald W. Salacuse

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 17 June 2021

Subrogation — Transparency — Due process — Law of treaties

This chapter highlights other treatment standards. In addition to the usual treaty standards of treatment discussed in previous chapters, individual investment treaties, depending on the policies of the countries concerned and the negotiation dynamics between contracting states, may impose other obligations on host states with respect to their treatment of investments and investors. Such treatment provisions do not appear in all treaties and are subject to a variety of linguistic formulations. Moreover, although they were rarely the subject of arbitration or litigation in the early years of the bilateral investment treaty (BIT) movement, investors have increasingly alleged their violation in investor–state arbitral proceedings, beginning with the second decade of the twenty-first century. These treatment standards include treatment with respect to performance requirements; entry and residence of foreign nationals and managerial personnel; compensation for losses due to war, revolution, and civil disturbance; transparency and regulatory due process; and the subrogation obligation.

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