The Relationship Between Fair and Equitable Treatment and the International Minimum Standard of Treatment: An Overview and a Link to Africa
Article from: TDM 4 (2019), in Africa
Fair and equitable treatment (FET) and the international minimum standard of treatment (MST) are standards that appear frequently in investment treaties. However, the relationship between the two has not crystallized: whether FET reflects MST is still at the center of the debate since MST is contained in customary international law. By and large in practice, investment treaties that contain an FET standard may be classified into two: those that link FET to MST and suggest an overlap between the two, and those that formulate FET in other ways and suggest imparity. While states ...