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Addressing the balance of interests in investment treaties: The limitation of fair and equitable treatment provisions to the minimum standard of treatment under customary international law

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Organisation for Economic Co-operation and Development2026-04-11 收录
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https://www.oecd.org/en/publications/addressing-the-balance-of-interests-in-investment-treaties_0a62034b-en.html
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The fair and equitable treatment (FET) provision has leapt to prominence in the last 15 years as the principal ground of liability at issue in many if not most investment treaty arbitration claims. In debates about the impact of investment treaties on the right to regulate, FET is second only to investor-state dispute settlement (ISDS) as the...
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