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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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