Drafting the Fair and Equitable Treatment Standard Clause in the TPP and the RCEP: Lessons Learned from the NAFTA Article 1105 Experience
Article from: TDM 1 (2015), in The Pacific Rim and International Economic Law: Opportunities and Risks of the Pacific Century
Introduction
The present article examines different drafting options for the 'fair and equitable treatment' (FET) standard clause to be included in two future trade agreements covering the Pacific Rim region: the Trans-Pacific Partnership (TPP) and the Regional Comprehensive Economic Partnership (RCEP). While the vast majority of BITs include an FET clause, there nevertheless remains a considerable degree of variation regarding their actual content. Chapter I examines the different types of FET clauses that are found in BITs. I will show that drafting variations in FET clauses have ...