Playing Fair: The Meaning of Fair and Equitable Treatment in Biilateral Investment Treaties

Journal of World Trade, Vol. 41, No. 2, pp. 273-291, 2007

23 Pages Posted: 30 Jun 2009

See all articles by Graham Mayeda

Graham Mayeda

University of Ottawa - Common Law Section

Date Written: 2007

Abstract

This article argues that, beyond property rights and protection against expropriation, norms of fairness in international law affect whether foreign direct investment has a positive or negative impact on developing countries. It analyzes the standard of fair and equitable treatment in bilateral investment treaties and argues that this standard should be interpreted to be equivalent to the international law minimum standard of treatment. The article reviews recent decisions of investment arbitration tribunals that have interpreted fairness provisions, and it provides a critique of these decisions and of academic opinions that the fair and equitable treatment standard should provide broader protection than the international law minimum standard. The article also reviews the potential negative effects on developing countries of an overly broad interpretation of the standard of fair and equitable treatment.

Keywords: sustainable development, international investment agreements, bilateral investment agreements, fair and equitable treatment, international minimum standard, developing countries

Suggested Citation

Mayeda, Graham, Playing Fair: The Meaning of Fair and Equitable Treatment in Biilateral Investment Treaties (2007). Journal of World Trade, Vol. 41, No. 2, pp. 273-291, 2007. Available at SSRN: https://ssrn.com/abstract=1427307

Graham Mayeda (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada
613-562-5800 (2915) (Phone)

Register to save articles to
your library

Register

Paper statistics

Downloads
998
Abstract Views
3,598
rank
22,393
PlumX Metrics