International Trade Treaties & The Fair And Equitable (Essay Sample)
Recent investment treaties reflect diverse approaches to fair and equitable treatment. Discuss some of these approaches and make the case for your preferred option.
Two important things you have to pear in mind first is to use Oscola reference which i am going to upload a guide for it. and second is to get the answer from the class lectures which i am going to upload a file for it, and from these Required readings :
Dolzer, R., and Schreurer, R., 2012, Principles of International Investment Law (OUP, 2nd Ed), pp. 98-166.
Cotula, L., 2014, “Do Investment Treaties Unduly Constrain Regulatory Space?”, Questions of International Law 9:19-31
Coleman, J., Johnson, L., Sachs, L., and Gupta, K., 2017, “International Investment Agreements, 2015-2016: A Review of Trends and New Approaches”, Yearbook on International Investment Law and Policy 2015-2016, pp. 42-115
Cotula, L., 2015, “Expropriation Clauses and Environmental Regulation: Diffusion of Law in the Era of Investment Treaties”, Review of European, Comparative & International Law (RECIEL) 24(3):278-288.
Henckels, C., 2016, “Protecting Regulatory Autonomy through Greater Precision in Investment Treaties: The TTP, CETA, and TTIP”, Journal of International Economic Law 19:27-50.
Paparinskis, M., 2013, The International Minimum Standard and Fair and Equitable Treatment (OUP), Chapter 9.
Podestà, M., 2013, “Legitimate Expectations in Investment Treaty Law: Understanding the Roots and the Limits of a Controversial Concept”, ICSID Review 28(1):88-122.
Schneiderman, D., 2010, “Investing in Democracy? Political Process and International Investment Law”, Toronto Law Journal 60:909-940.
Tienhaara, K.S., 2011, “Regulatory Chill and the Threat of Arbitration: A View from Political Science”, in Chester Brown and Kate Miles (Eds), Evolution in Investment Treaty Law and Arbitration (CUP).
UNCTAD, 2012, Fair and Equitable Treatment, Geneva: United Nations Conference on Trade and Development
UNCTAD, 2012, Expropriation – A Sequel, Geneva: United Nations Conference on Trade and Development
Viñuales, J.E., 2012, Foreign Investment and the Environment in International Law (CUP), Chapter 12 (“Environmental measures and expropriation clauses”), pp. 293-315.
You might find some reading which not related to the same question, ignore it. and don't forget the case law.
I have paid extra money for top writer and proofreading i hope the writing be same as what i am expecting.
International Trade Treaties and FET
International Trade Treaties and FET
The process of globalization has led government to realize the importance of foreign direct investment driving economic growth. It is important to note that alone, countries are incapable of stimulating enough economic activity for sustained growth. This is particularly so developing economies, which are over dependent on capital imports. There are concerns among countries on the best way to promote flow in foreign direct investments a case that have seen many states enter into investment treaties as a way of enhancing investment from foreign investors. Investment treaties are entered into and signed by two or more states and is generally geared toward protecting foreign investors from unhealthy local regulations and any conduct that may essentially violate the terms of the treaty. For example, an investment treaty protects foreign investors from actions including but not limited to expropriation in the absence of any form of compensation and treatment that is unfair and inequitable. Investment treaties vary and exhibit diverse approaches of ensuring fair and equitable treatment when it comes to guiding foreign direct investments. They impose obligations on the part of host countries about how they should treat investors from other countries and who are members of the treaty. The obligations imposed on host states can expose them to actual as well as potential liability and can be of profound effects on economic development and formulation of other economic policies. The ensuing discussion seeks to explicate some of the approaches used in ensuring fair and equitable treatment when entering into an investment treaty.[Quick, Reinhard. "Why TTIP should have an investment chapter including ISDS." Journal of World Trade 49, no. 2 (2015): 199-209.] [Hindelang, Steffen, and Markus Krajewski, eds. Shifting paradigms in international investment law: more balanced, less isolated, increasingly diversified. (Oxford University Press, 2016).]
The Fair and Equitable (FET) standard has been a subject of any works examining the formation and success of various investment treaties. Despite the fact that provisions of FET have existed in investment treaties for long, the norm started to garner attention only in the recent past largely due to the unprecedented growth in globalization. Notably, the FET standard whilst included in vast majority of investment treaties, it is expressed in varying ways. The method through which the standard is set out in investment treaties has an important role in tackling questions related to its content and scope. The most critical difference arises between the provision of the standard and which is explicitly connected to the minimum standard of treatment as set out under the customary international law. There generally lack a unified treaty formulation standard with some investment agreements including clarification language to explicitly show the meaning of the obligations contained therein. When the standard of FET and associated obligations are interpreted based on plain and ordinary meaning approach, then it can be argued that the standard is an autonomous. Equally, based on this interpretation, the standards can be equated to the customary international standard of fair treatment.[Alschner, Wolfgang. "The Impact of Investment Arbitration on Investment Treaty Design: Myths versus Reality." Yale J. Int'l L. 42 (2017): 1.] [Shrestha, Om Krishna. "A Host state regulatory right in Fair and Equitable Treatment (FET) in Bilateral Investment Treaties (BITs)." Master's thesis, fi= Lapin yliopisto| en= University of Lapland|, 2016.]
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