National Treatment in Emerging Market Investment Treaties
29 Pages Posted: 22 Jan 2013 Last revised: 24 Jan 2013
Date Written: January 21, 2013
This article considers the national treatment standard in international investment agreements as implemented by emerging market countries. It briefly explains the nature and purpose of the standard and how it has been examined by international investment tribunals. Specific examples of national treatment provisions in emerging market international investment treaties as well as WTO instruments are discussed, focusing on the scope and limitations to this standard commonly provided in treaty practice. The associated issue of performance requirements is then considered. The article concludes that whereas the national treatment standard is found in most but not all emerging market investment treaties, it is often limited by scope or application, although a trend towards greater liberalization is noted.
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