Study On Fair And Equitable Treatment Standard In International Investment Law

Fair and Equitable Treatment is an international investment treaty in the widely used treatment for investment criteria, some scholars have had more than 500 bilateral investment treaties (BITs) to compile the statistics showed that about 90% of the provisions of a fair and equitable treatment. However, for the fair and equitable treatment standard , small to each country, ranging from the various interest groups, all have their own different interpretations, because of international investment agreements were not fair and equitable treatment standard for a clear defined, but a vague general, making a fair and equitable treatment has now become one of the most controversial provisions is one. As the NAFTA enters into force, a fair and equitable treatment standard has become the NAFTA Chapter 11 investment arbitration in a bone of contention.In the long run, the field of international investment "unilateral" continued weakening of capital-importing countries are no longer simply as a destination of capital input, but also a source of capital exports, the national interest considers about no longer simply from the perspective of Investors, or host a party's interests. In China and other countries signed an investment agreements which signed between China and other countries, although the majority is also set into the fair and equitable treatment provisions, there are no reference to international law is fair and equitable treatment provisions, the reason for this is China worried about Western countries will utilize their interpretation of the treatment as an abstraction of the "international minimum standard of treatment ". If, however, not make fair and equitable treatment standard to be qualified, it is likely to be interpreted as an international arbitration tribunal of an independent supra-national standards for the treatment of foreign capital, so that the host country even more negative. A fair and impartial standards for the treatment of narrow or broad interpretation to do, is not fair and equitable treatment has become an independent standard of customary international law, and its applicable standards of what it is and of customary international law, the minimum standards of treatment the relationship between the what? China should make what kind of a fair and equitable treatment standards and how to apply it to obtain optimal benefits, these are worthy of reflection and deliberation.In addition to the introduction and conclusions, this paper is divided into four parts.Recalling the first part of the fair and equitable treatment standard development context, namely, the origin of the standard, and later at the multilateral, bilateral investment treaties in the promotion of the application and in the most representative in NAFTA, United States, Canada'investment in the development of fair and equitable treatment standard. fair and equitable treatment standard in the early has been highly general and vague. After the effective in NAFTA, the arbitration tribunal tend to be generalized interpretation. More or over, The United States and Canada made a higher standard of investment protection clause in their bilateral investment treaties. Fair and equitable treatment standard development has entered a new era. The connotation of Fair and equitable treatment standard becomes more complicated and abstraction.The second part to a fair and equitable treatment standard in the application of arbitration practice is divided into the multilateral NAFTA arbitration practice, in the bilateral investment treaty arbitration practice. In this section, the main reference to a number of more controversial, or more representative decision concluded the case. In these cases national normal management behavior all have been complained by investors and examined by arbitral court. On the one hand, investors always enjoy it. On the other hand host country were complaining incessantly. FTC can only through narrowing the coverage of fair and equitable treatment standard intend to improve its applicable threshold. Through the induction of these cases out of a fair and equitable treatment standard to focus on its core issues of meaning, elements, and the relationship between the international minimum treatment .The third part of the main arguments from the three standards of a fair and equitable treatment effectiveness. First, in the first section of the fair and equitable treatment standard to do an analysis of the meaning; in section II, in-depth Analysis of a fair and equitable treatment standard and customary international law and relations, fair and equitable treatment standard contained in the elements were analyzer ; discussed in section III is about the international minimum standard of treatment and a fair and equitable standards of treatment of the relationship between the traditional international minimum standard of treatment are, it is unfair what the local, bilateral and multilateral investment treaties and the doctrine of how to provide for and treat, as well as what our country should stand in the position, all in the third quarter to do a detailed description. The fourth section, the first analysis of a fair and equitable treatment in China, bilateral investment treaties signed between the position and China will face the potential risks, in section II for the second and third part of the summed up the problems and conclusions on China can take measures, in theory, should be fair and equitable treatment standard as what non-independent standards of treatment to control its expansion and to margin of appreciation; in practice should be uniform the wording to clarify the relationship with other concepts, while in the treaty shall apply fair and equitable treatment standard exceptions. At the same time, we would integrate theory with practice neatly and carefully. In the international economic association of national interests we will get the maximize to national interests with the most suitable to China's national conditions.