The Practice of States as Evidence of Custom: An Analysis of Fair and Equitable Treatment Standard Clauses in States’ Foreign Investment Laws

16 Pages Posted: 18 Jul 2016 Last revised: 5 Mar 2018

Date Written: May 1, 2016

Abstract

The article addresses a central question: did the fair and equitable treatment standard (FET) in investment regimes become a norm of customary international law? To answer this, Dumberry examines FET clauses in bilateral investment treaties and foreign investment laws of numerous states, as well as arbitral decisions involving allegations of breaches of FET obligations. His analysis shows that States have not engaged independently and consistently in the adoption of FET clauses. Consequently, Dumberry concludes that FET clauses cannot be considered customary international law.

Suggested Citation

Dumberry, Patrick, The Practice of States as Evidence of Custom: An Analysis of Fair and Equitable Treatment Standard Clauses in States’ Foreign Investment Laws (May 1, 2016). McGill Journal of Dispute Resolution, Vol. 2, No. 1, 2016, Available at SSRN: https://ssrn.com/abstract=2811191

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
77
Abstract Views
586
Rank
563,377
PlumX Metrics