What is the principle of fair and equitable treatment?
This specific point confirms that the principle of fair and equitable treatment as found in customary international law brings together the elements of fairness, justice and equity drawn from international law. International law in this case refers to the international minimum standard.
What is the principle of equal treatment?
The principle of equal treatment cannot be understood as a simplistic imposition of general equality, because not only do most laws or regulations imply the classification of individuals but they also apply a different treatment of different persons or things, and the distinguishing of different circumstances is inherent to lawmaking. [18]
Did the standard of fair and equitable treatment evolve from international standards?
Besides, if the standard of fair and equitable treatment evolved from the international minimum standard, then the latter standard borrowed elements of fairness, justice and equity from the former.
How does the fair and equitable treatment standard borrow elements from international standards?
It is apparent that the fair and equitable treatment standard borrowed the elements of fairness, justice and equity from the international minimum standard because seemingly, the fair and equitable treatment standard occupied the place of the international minimum standard.
Which international law is the standard of fair and equitable treatment?
First, there are courts, which hold that the standard of fair and equitable treatment belongs to the customary international law since it was included in international investment law. Second, some courts hold that the standard of fair and equitable treatment evolves from the international minimum standard.
When was the standard of fair and equitable treatment introduced?
The Havana Charter introduced the earliest description of the standard in 1948.
What is acquiescence in law?
Acquiescence or prescription is another form of equitable estoppel recognized as a general principle of law-as-fairness (Jasentuliyana 105. Thus, silence or absence of protest may preclude a state from later challenging another state’s claim. To succeed in a defense of acquiescence, a state must prove that the second state had knowledge of its claim.
What did the FCN treaties represent?
These treaties represented international law as they borrowed most of their ideas from the Havana Charter.
Why did MIGA require inclusion of the fair and equitable treatment standard?
Nevertheless, MIGA required the inclusion of the standard in treaties to encourage more states to embrace the norm. MIGA only directed its services to states that embraced the fair and equitable treatment standard.
What is the standard in investment law?
Besides, the standard is a central concept of investment law that controls the affairs between host countries and alien businesses. The principle of fair and equitable treatment emerges significantly in all bilateral investment treaties (BITs) together with multilateral and regional investment treaties (Schill 2).
Which treaty makes sure there is strict conformity to the standards of fair and equitable treatment?
According to the agreement, each member state of Mercosur is entitled to fair and equitable treatment. Lastly, the energy Charter treaty makes sure there is strict conformity to the standards of fair and equitable treatment (Bronfman 617)).
What is the principle of equal treatment?
The principle of equal treatment (equal protection or equality) has been described as ‘the standard’ of the Dutch Constitution. [1] Article 1 imposes the equal treatment of all inhabitants and forbids discrimination on any subjective ground. This is far from being a specificity of the Netherlands: the principle of equal treatment must be of cardinal importance for any state that wishes to qualify itself as a Rechtsstaat. [2] In the United States, the equal protection clause constitutionalized in the Fourteenth Amendment of the United States Constitution also safeguards ‘equality’. [3] This ‘equality’ has traditionally been defined in the literature as the ‘theory ... that every man’s civil liberty is the same [as] that of others - that all men are equal before the law in rights, privileges, and legal capacities’. [4] Article 3 of the German Constitution also defines ‘equal treatment’ as the equality of all persons before the law. [5]
Can a state enforce a law that abridges the rights or immunities of citizens?
No State shall make or enforce any law which shall abridge theprivileges or immunities of citizens of the United States; nor shall any Statedeprive any person of life, liberty, or property, without due process of law; nordeny to any person within its jurisdiction the equal protection of the laws’.
Is the Aristotelian formula for treating citizens equally and unequally?
Although the Aristotelian formula ‘treat equals equally and unequals unequally’ is still today widely accepted as a general formulation of the principle of equal treatment, [12] it is too vague to truly reflect the meaning of this principle. [13] . Treating citizens ‘equally’ is a relative concept.
What is the second principle of fair and equitable treatment?
The second principle, concerning fair and equitable treatment, sets forth the vision that Federal personnel management be free of unfair treatment and discrimination, where decisions are made solely on legitimate merit-based considerations.
What is fair and equitable treatment?
“All employees and applicants for employment should receive fair and equitable treatment in all aspects of personnel management without regard to political affiliation, race, color, religion, national origin, sex, marital status, age, or handicapping condition, and with proper regard for their privacy and constitutional rights.”
What is the purpose of the Pendleton Act?
Requiring decision making without regard to political affiliation echoes the intent of the Pendleton Act of 1883 which replaced the patronage system with a merit system. Requiring decision making without regard to race, color, religion, national origin, sex, marital status, age, or handicapping condition echoes the purpose behind Title VII ...
What is the role of the MSPB in protecting the second merit system principle?
What is the MSPB’s role in protecting the second Merit System Principle? As its name implies, the Merit Systems Protection Board (MSPB) protects the merit system by adjudicating appeals within its jurisdiction.
What is fair and equitable treatment?
Fair and equitable treatment is one of the protection policies of the host country to the foreign investments to protect from circumstances and situational disadvantages to an extent. These policies are expected to conform to the minimal standards of international trade and investments law or the host country’s trade policies.
What is the principle of national treatment?
While the principle of national treatment foresees that aliens can only expect equality of. treatment with nationals, the international minimum standard sets a number of basic rights established. by international law that States must grant to aliens, independent of the treatment accorded to their. own citizens.
What is the importance of article 11?
The article 11 (2) stated the importance of a “just and equitable treatment” to the trade organizations and governments, as. To make recommendations for and promote bilateral or multilateral agreements on measures designed.
More Definitions of fair and equitable treatment
fair and equitable treatment of investors means, serves the need for a balancing of interests between the State ’s right to determine its legal and economic order and the legitimate expectation of the investor in the system ’s stability ( to facilitate rational planning and decision making).565 Such right balance between investor interests and Host state ’s interests is to be struck, since otherwise Host States will be reluctant to admit foreign investments or investors would stop taking cross- border risks, which would undermine the overall aim of extending and intensifying the parties ’ mutual economic relations.566.
Related to fair and equitable treatment
Sponsor Fair Market Value means the average last reported sale price of the Ordinary Shares for the ten (10) trading days ending on the third (3rd) trading day prior to the date on which notice of exercise of the Private Placement Warrant is sent to the Warrant Agent;
OECD Working Papers on International Investment
Selected studies on international investment and investment policy prepared for use within the OECD. They address such issues as investment agreements, dispute settlement, fair and equitable treatment, most favored nation treatment, and corruption.
Fair and Equitable Treatment Standard in International Investment Law
The obligation to provide “fair and equitable treatment” is often stated, together with other standards, as part of the protection due to foreign direct investment by host countries. It is an “absolute”, “non-contingent” standard of treatment, i.e.
