| To be fair and equitable are aims inherent in most legal systems, whether domestic or international, but are usually tacitly stated. With respect to foreign direct investment (FDI) they constitute a standard of treatment which lacks a clear definition. Nevertheless, the recurrence of this standard in conventional instruments makes it one of the focal points of this branch of international law.; The main goal of this thesis is to explore and understand the standard of fair and equitable treatment. To understand its definition, it is first necessary to undertake a theoretical analysis of the notion. Secondly, having assessed the general meaning to fair and equitable treatment, an attempt is made to assess the difficulties which have arisen from its incorporation in Chapter 11 of the North American Free Trade Agreement (NAFTA). Finally, the thesis tries to assess where the concept stands in international law and whether or not it has passed into the corpus of customary international law. |
