Research On Fair And Equitable Treatment Standard In International Investment Law

Economic globalization and investment liberalization and international investmentlaw is a growing concern. Investors in the field of international investment to fight tomaximize the interests of host countries to strengthen national legal and regulatory existnatural difficult to reconcile the contradictions. Especially after the entry into force of theimpressive North American Free Trade Agreement, the case caused many investors to suethe host country itself highly controversial, fair and equitable treatment standard has beenunprecedented attention. The case in these practices to promote fair and equitabletreatment standards developed by leaps and bounds in recent years.Fair and equitable treatment standard of its own abstract and difficult to apply, firstto determine its meaning begin to compare the international community should cover thebasic meaning of fair and equitable treatment standard by the different attitudes, ageneral analysis. Based on fair and equitable treatment standards embodied in the termsof international investment agreements, and the combination of early and recent relatedarbitration practice, either the card as an uncertainty treatment standards of protectionshould be covering the elements. Then from a different perspective on the fair andequitable treatment standard and the standard of national treatment, MFN treatmentstandards, as well as international law minimum standard of treatment comparison anddistinction. From the balance of the host country’s sovereign interests and the legitimaterights and interests of investors as a starting point, through the analysis of these elementsmay be included as well as its independent status within the foreign-funded treatmentsystem, come to the fair and equitable treatment standard is better than the otherstandards of treatment to reflect the legal pursuit of the fair, justice value. Finally, thepaper analyzes the drawbacks of the provisions on fair and equitable treatment standardwhich is contained in international investment agreements signed in China and to explorethe perfect proposal, in order to be useful for our future face of investment-relateddisputes.Exploring the essence of the fair and equitable treatment standard, the integrated useof inductive analysis method, also introduced during the arbitration by the international community and different point of view of national scholars are classified and analyzed todetermine the factors which may contain; The practice and theory with practical researcharbitral awards to determine the independent status of the fair and equitable treatmentstandard; countries of investment agreements to conduct a comprehensive comparativeanalysis, to improve the proposal put forward useful to China.