Sentences with phrase «equitable treatment standards»

Similarly, the Tribunal in Toto v. Lebanon stated that «[t] he fair and equitable treatment standard of international law does not depend on the perception of the frustrated investor, but should use public international law and comparative domestic public law as a benchmark» (para. 166).

The article addresses a central question: did the fair and equitable treatment standard (FET) in investment regimes become a norm of customary international law?

The risk of going down the path that Roberts suggests is that the fair and equitable treatment standard could become the lowest common denominator of public law and administrative practice among a certain select group of states.

The fair and equitable treatment standard must, as the word treatment implies, be applicable not only to the laws of the host state, but also to the specific behavior of the host state towards the investor in question.

Not exact matches

Producer standards vary based on whether employees are contract workers, hired labor or small - scale producers, but all have rights to democratic, equitable treatment.

For example, the standard of «fair and equitable treatment» is limited to a list of the elements that could give rise to a violation of the standard.

The standard included in the MFN - clause — «fair and equitable treatment» — was not considered to amount to an unconditional right for investors to have their case heard by an international arbitral tribunal.

As Martins shows in his article, public international law as it is evolving in diverse areas provides adequately fertile normative material for an evolving international standard of fair and equitable treatment.

In interpreting, for example, fair and equitable treatment provisions, an interpretation of the ordinary meaning may replace the terms «fair and equitable» with similarly vague and empty phrases such as «just,» «even - handed,» «unbiased,» or «legitimate,» but does not succeed in clarifying the standard's normative content, nor does it indicate what is required of States in specific circumstances.

In the absence of a denial of justice, are there other treaty standards, such as judicial expropriation, breach of the minimum standard of treatment requirement or the fair and equitable treatment requirement, or a failure to provide effective means of asserting claims, available to a foreign investor for asserting claims arising out of a judicial act (or omission)?