Justice And Fair Treatment In International Investment Law Standard

With the accelerated process of economic globalization and liberalization,international investment developed rapidly. And the Treatment of internationalinvestment has become the focus of the study; the Treatment of Investment inInternational Investment Law includes National treatment, Most Favored Nationaltreatment (MFN), Fair and Equitable treatment standard. Fair and Equitable treatmentstandard has become one of the most important treatment standards in the field ofinternational investment. To distinguishing from national treatment or MFN treatment,Fair and Equitable treatment is an absolute standard of treatment. As one of thetreatment standards in international investment, Fair and Equitable treatment standardhas been generally accepted, but the meaning of the standard in different countries andscholars have different opinions. Combine the theory with practice, in this paper, thewriter first introduced the origin and development of Fair and Equitable treatmentstandard, and then by combining with the specific provisions of international treatiesand international arbitration practice, the writer analyze the meaning and the contentelements of the Fair and Equitable treatment, and parse the relationship between the Fairand Equitable treatment and other investments treatment. After making sure theconnotation of Fair and Equitable treatment standard, The paper finally summarize theproblems of Fair and Equitable treatment standard in China’s bilateral investmenttreaties, and introduce Fair and Equitable treatment standard to legislation.