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32 Am. U. Int'l L. Rev. 363 (2016-2017)
The Fair and Equitable Treatment Standard: A Search for a Better Balance in International Investment Agreements

handle is hein.journals/amuilr32 and id is 375 raw text is: 







COMMENT


   THE   FAIR   AND   EQUITABLE TREATMENT
   STANDARD: A SEARCH FOR A BETTER
 BALANCE IN INTERNATIONAL INVESTMENT
                   AGREEMENTS

                      KENDRA LEITE

I. INTRODUCTION................................364
II. BACKGROUND         ........................... .....369
   A. ORIGINS AND CHARACTERISTICS OF FAIR AND EQUITABLE
      TREATMENT: A BRIEF OVERVIEW..    ........  .......370
   B. THE MINIMUM STANDARD OF TREATMENT AND THE NEER
      STANDARD       ................................. 371
      1. Relationship Between Fair and Equitable Treatment
         Clause and the Minimum Standard of Treatment..........374
      2. Relationship Between Full Protection and Security
         Clause and the Minimum Standard of Treatment..........376
   C. CONTEMPORARY FORMULATIONS OF THE FAIR AND
      EQUITABLE TREATMENT STANDARD: THE U.S.
      PERSPECTIVE        ......................................377
      1. NAFTA Links the Fair and Equitable Treatment and
         Full Protection and Security Clauses to the
         Minimum  Standard of Treatment Under Customary
         International Law .................   .......377
      2. CAFTA and the 2004 and 2012 U.S. Model BITs
         Qualified the Fair and Equitable Treatment and
         Full Protection and Security Clauses and their Link
         to the Minimum Standard of Treatment Under

     * The author would like to thank Professors Srilal Perera and Michael
Jacobson for their assistance, guidance, and comments throughout the writing
process; her comment editor, Sam Strasser, for her diligence, suggestions, and
encouragement; and Frederick Uku for his patience and support.


363

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