Exploring the Fair and Equitable Treatment (FET) Principle and Balancing Investor-State Rights

  • Tanya Gupta
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  • Tanya Gupta

    LLM student at O.P. Jindal Global University, India

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Abstract

In the recent times, the proliferation of international trade and the rise in foreign investments has led to the initiation of numerous bilateral and multilateral investment treaties. Today, almost every country is a party to atleast one Bilateral Investment Treaty. This article primarily explores the various nuances of the Fair and Equitable Treatment principle including a closer look at its meaning and interpretations, its nexus with minimum standards of protection and with the principle of legitimate expectations and its uncertain nature as viewed by developing countries. Lastly, this short article focuses on the emerging trend of increasing investor responsibilities and duties, which turn leads to the discussion on the need for balance between the investor’s rights and the public interest of the host state.

Type

Research Paper

Information

International Journal of Law Managment and Humanities, Volume 4, Issue 3, Page 1398 - 1404

DOI: https://doij.org/10.10000/IJLMH.11626

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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