Variability of fair and equitable treatment standard according to the level of development, governance capacity and resources of host countries

Lawal Oluwaseun Sadiq

Abstract


The article provides a thorough examination of the fair and equitable treatment standard by considering what constitutes an act to be regarded as fair and equitable treatment of an investor and his investment, what are the criteria in establishing that there have been a breach of the fair and equitable standard in line with the interpretation in treaties, Bilateral Investment Treaties (BITs), decision of Tribunals etc. And finally should the criteria used vary based on the level of development, governance capacity and resources in the host State.

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JICLT is a member of the Directory of Open-Access Journals (www.doaj.org). ISSN: 1901-8401.