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Viewing report
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The Fair and Equitable Treatment Standard. Edition No. 1
VDM Publishing House, Nov 2008, Pages: 212
This book analyzes the Mexican experience with
respect to the application of one of the most
controversial standards in international investment
law: the obligation to provide a fair and equitable
treatment (FET) to foreign investors. A hypothesis of
this book is that it is not appropriate to define a
normative content of the FET standard by only
discussing the host country measures taken,
allegedly, against a foreign investor. Rather, in the
analysis of different cases involving Mexico, the
perceived conduct of the foreign investor could be
used by the host country as a defense in allegations
of FET violations. According with this book, this is
the only approach that seeks to find a balance
between the investors’ rights and the legitimate
domestic public policies of the host country.
This book analyzes the factual circumstances and
legal allegations marshaled by the parties in those
cases involving Mexico, and highlights the
differences in the construction of the FET standard
made by the tribunals in the cases resolved In the
NAFTA context, and those settled in the framework of
the Bilateral Investment Treaties.
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