Reflections on the Origins and Evolution of the International Minimum Standard of Treatment
Article from: TDM 4 (2013), in Ten years of Transnational Dispute Management (TDM)
Part I of this article discusses the early developments of the international minimum standard after Root's famous speech. I argue that in this period legal theory on this standard tends to follow the path indicated by Root, although at the same time the ground was being laid for more "objective" contents of the standard to develop. Part II briefly analyzes more recent developments and arbitral decisions on the international minimum standard. These decisions appear to depart from the original conception of the standard propounded by Root, inter alia because they do not ...