Part II Substantive Issues, Ch.8 Standards of Treatment

Subject(s):

Denial of justice — Fair and equitable treatment standard — Good faith — International minimum standard — Legitimate expectations — Most-favoured-nation treatment (MFN) — National treatment — Non-discrimination — Customary international law

This chapter argues that as a matter of doctrine, it is becoming increasingly difficult to discern any difference between the ways in which non-discrimination and minimum standard provisions are actually being interpreted and applied. It cites the emergence of a so-called single standard of regulatory treatment, based upon the legitimate expectation of investors to enjoy access to rights of transparency, due process, and non-discrimination in a host country or in a free trade area, as the case may be. Comparative and absolute standards, treaty standards versus customary international law standards, minimum standard of treatment and the principle of good faith, and national treatment and MFN treatment are discussed.