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Limiting the Fair and Equitable Treatment standard in favor of the host state

Linusson, Jon LU (2015) LAGM01 20152
Department of Law
Abstract
This paper focuses on FET standard from the perspective of the host state. Assuming that the FET standard is problematic and too investor friendly, the question is how the FET standard may be limited in favor of the host state without the investor losing an unreasonable amount of protection. In search of the answers to this question, the paper focuses on the content and components of the FET standard as well as the issue that the many different formulations of the FET standard prevents a coherent system. After a review of the content and the substantive difference between different FET formulations the conclusion found in this paper is that the most problematic aspect of the FET standard is the doctrine of legitimate expectations. A... (More)
This paper focuses on FET standard from the perspective of the host state. Assuming that the FET standard is problematic and too investor friendly, the question is how the FET standard may be limited in favor of the host state without the investor losing an unreasonable amount of protection. In search of the answers to this question, the paper focuses on the content and components of the FET standard as well as the issue that the many different formulations of the FET standard prevents a coherent system. After a review of the content and the substantive difference between different FET formulations the conclusion found in this paper is that the most problematic aspect of the FET standard is the doctrine of legitimate expectations. A solution to this might lay in the different FET formulations, as the different formulations provides different interpretations of the doctrine of legitimate expectations. The formulation of the FET standard in the newly negotiated CETA is briefly mentioned and discussed as a possible solution to the problem, but not entirely without flaws. (Less)
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author
Linusson, Jon LU
supervisor
organization
course
LAGM01 20152
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
International Investment Law, International Public Law
language
English
id
8513994
date added to LUP
2016-01-29 11:43:57
date last changed
2016-01-29 11:43:57
@misc{8513994,
  abstract     = {This paper focuses on FET standard from the perspective of the host state. Assuming that the FET standard is problematic and too investor friendly, the question is how the FET standard may be limited in favor of the host state without the investor losing an unreasonable amount of protection. In search of the answers to this question, the paper focuses on the content and components of the FET standard as well as the issue that the many different formulations of the FET standard prevents a coherent system. After a review of the content and the substantive difference between different FET formulations the conclusion found in this paper is that the most problematic aspect of the FET standard is the doctrine of legitimate expectations. A solution to this might lay in the different FET formulations, as the different formulations provides different interpretations of the doctrine of legitimate expectations. The formulation of the FET standard in the newly negotiated CETA is briefly mentioned and discussed as a possible solution to the problem, but not entirely without flaws.},
  author       = {Linusson, Jon},
  keyword      = {International Investment Law,International Public Law},
  language     = {eng},
  note         = {Student Paper},
  title        = {Limiting the Fair and Equitable Treatment standard in favor of the host state},
  year         = {2015},
}