Wang Chuhan, Law School

Abstract: Economic globalization and investment liberalization and international investment law is a growing concern. Investors in the field of international investment to fight to maximize the interests of host countries to strengthen national legal and regulatory exist natural difficult to reconcile the contradictions. Especially after the entry into force of the impressive North American Free Trade Agreement, the case caused many investors to sue the host country itself highly controversial, fair and equitable treatment standard has been unprecedented attention. The case in these practices to promote fair and equitable treatment standards developed by leaps and bounds in recent years.

      Fair and equitable treatment standard of its own abstract and difficult to apply, first to determine its meaning begin to compare the international community should cover the basic meaning of fair and equitable treatment standard by the different attitudes, a general analysis. Based on fair and equitable treatment standards embodied in the terms of international investment agreements, and the combination of early and recent related arbitration practice, either the card as an uncertainty treatment standards of protection should be covering the elements. Then from a different perspective on the fair and equitable treatment standard and the standard of national treatment, MFN treatment standards, as well as international law minimum standard of treatment comparison and distinction. From the balance of the host country's sovereign interests and the legitimate rights and interests of investors as a starting point, through the analysis of these elements may be included as well as its independent status within the foreign-funded treatment system, come to the fair and equitable treatment standard is better than the other standards of treatment to reflect the legal pursuit of the fair, justice value. Finally, the paper analyzes the drawbacks of the provisions on fair and equitable treatment standard which is contained in international investment agreements signed in China and to explore the perfect proposal, in order to be useful for our future face of investment-related disputes.

      Exploring the essence of the fair and equitable treatment standard, the integrated use of inductive analysis method, also introduced during the arbitration by the international III community and different point of view of national scholars are classified and analyzed to determine the factors which may contain; The practice and theory with practical research arbitral awards to determine the independent status of the fair and equitable treatment standard; countries of investment agreements to conduct a comprehensive comparative analysis, to improve the proposal put forward useful to China.

Read the full article here:   国际投资中公平公正待遇标准研究.pdf