If tribunals had consistently and uniformly adopted a balanced and proportionate…
a) Defining FET by Recourse to General Principles of International Law…
Given the lack of guidance on the content of the standard in various first-generation…
It is therefore unsurprising then that this approach to the determination of the…
At the other end of the spectrum, tribunals that adopt this approach to the ascertainment…
The upshot of the discussion above is that while certain tribunals adopting this…
In response to these concerns, various states have attempted to include language…
A more concrete approach is adopted in Article 11 of the 2009 ASEAN Comprehensive…
b) An Autonomous Standard or a Reflection of MST…
The first generation of international investment agreements rarely contain guidance…
In response to these concerns various states have added language in their more recent…
Mexico is not the only country that has limited the FET standard to the MST. The…
These developments are a step in the right direction, at least to the extent that…
