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The Fair and Equitable Treatment Standard - Customary Rule of International Investment Law?

Author

Listed:
  • Ivan Pu?kár

    (Masaryk University in Brno, Czech Republic)

Abstract

Article examines whether or not the Fair and Equitable Treatment (FET) standard has become a rule of customary international law. It analyses the question based on the two conditions under which a treaty-based norm could transform into a customary rule. Author argues that FET standard has not become a rule of custom. Practice of states to include FET clauses in their BITs can be considered as general, widespread and representative, however it is not uniform and consistent. There is no indication that state parties to BITs believe that they have an obligation under international law to provide fair and equitable treatment protection to investors.

Suggested Citation

  • Ivan Pu?kár, 2018. "The Fair and Equitable Treatment Standard - Customary Rule of International Investment Law?," Proceedings of Law and Political Sciences Conferences 7410028, International Institute of Social and Economic Sciences.
    • Handle: RePEc:sek:ilppro:7410028
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    File URL: https://iises.net/proceedings/3rd-law-political-science-conference-lisbon/table-of-content/detail?cid=74&iid=005&rid=10028
    File Function: First version, 2018
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    More about this item

    Keywords

    FET standard; Investment Arbitration; International Investment Law; BITs; International Custom;
    All these keywords.

    JEL classification:

    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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