The Fair and Equitable Treatment Standard and Human Rights Norms

Abstract

Abstract This chapter scrutinizes the possible interactions between human rights and investor-state arbitration focussing on the role that the fair and equitable treatment (FET) standard might play in such interaction. The FET standard is found in most of the 2,000 Bilateral Investment Treaties (BITs) signed between more than 170 countries in the world as well as in some multilateral and regional conventions, it is therefore important to first establish the sources and content of this standard. The first part of this chapter inquires into the conventional and customary sources of the FET and discusses the concrete situations in which the FET standard has already been applied. The second part focuses on the relationship between FET and HR norms. It enquires into the rationale of applying human rights norms in international investment law cases since most BITs do not contain a specific reference to HR. It then specifically focuses on the scenarios in which FET may interact with HR norms.