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13 Other Treatment Standards

From: The Law of Investment Treaties (2nd Edition)

Jeswald W. Salacuse

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 29 February 2024

Specialized treaty frameworks — Subrogation — Standards of treatment — Due process — Fair and equitable treatment standard — Compensation

In addition to the usual treaty standards, individual investment treaties may impose other obligations on host states with respect to their treatment of investments and investors. Although these obligations were rarely the subject of arbitration or litigation in the early years of the bilateral investment treaty (BIT) movement, investors have increasingly alleged their violation in investor–state arbitral proceedings. This chapter discusses these treatment standards, including treatment with respect to performance requirements; the entry and residence of foreign nationals and managerial personnel; compensation for losses due to war, revolution, and civil disturbance; transparency and regulatory due process; and the subrogation obligation.

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