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Part IV International Regulation, 16 Control of Investment Risks II: Non–Discrimination, Fair and Equitable Treatment, and Full Protection and Security

From: Multinational Enterprises & the Law (2nd Edition)

Peter T Muchlinski

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 21 March 2023

Non-discrimination — Fair and equitable treatment standard — Full protection and security — Most-favoured-nation treatment (MFN) — Compensation
In recent years, the nature of claims made by investors, before tribunals, has changed. While expropriation claims have been historically the most important, and the issue of regulatory or indirect expropriation has given new life to such issues, a significant measure of success appears to have been had through the bringing of claims based on breaches of the national treatment or fair and equitable treatment standard.1 In addition, the most favoured nation (MFN) standard has given rise to claims that stronger standards of protection, found in other International...
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