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Part IV International Regulation, 17 The Codification of International Standards For the Treatment of Foreign Investors

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

International minimum standard — Investor — Foreign Direct Investment — Fair and equitable treatment standard — Most-favoured-nation treatment (MFN) — Expropriation — BITs (Bilateral Investment Treaties)
The aim of this chapter is to consider attempts at the codification of agreed international standards by which relations between MNEs and host states can be regulated. Such attempts have been made in the context of conflicts between states over the content and legal validity of international minimum standards for the treatment of aliens and their property, already briefly discussed in chapter 15.1 The result of these conflicts has been uncertainty as to the content of customary international law in the field of foreign investment. Indeed, in the Barcelona Traction...
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