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.
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.
What are the principles of equitable estoppel?
Thus, the court, relying on France’s promise, declared the case moot. 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.
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 countries were part of the FCN?
Despite most FCNs including the fair and equitable standard, the treaty between China and the United States deviated from this norm. The US formed FCN pacts with “Luxembourg, Belgium, Greece, Israel, Pakistan and Ireland” (Bronfman 641) and all of these US treaties described the standard as equitable treatment.
What is comparative analysis of municipal law?
A comparative analysis of municipal law unveils some general concepts and norms that are transmittable to the global rank (Schill 3). Besides, such an analysis helps to recognize the standard aspects that a country must abide by to meet the criteria of “fairness and equitableness” in global investment law (Schill 3).
What is the second requirement of customary law?
This second requirement, often referred to as opinion juris , is the main concept of customary international law. Since opinion juris refers to the reason a state acts in accordance with a behavioral regularity, it is the psychological aspect of customary law (Goldsmith and Eric 23).
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.
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.
Why are bilateral agreements made?
Now, bilateral treaties are made between two states to facilitate business and trade between them . Countries such as [4] Saudi Arabia, Pakistan and Singapore have consciously avoided the usage of the terms, but other countries, like [5] Chile, [6] China, Peru, Thailand, Bulgaria, UAE and Malaysia have included the clause for fair ...
Why is trade important?
Trade has been an immensely significant tool in the globalisation of our planet. Trade between countries has been made possible by advancements in science and technology. However, human relations and inter-state relations play a vital role in such transactions. Trade between countries also include foreign investments in a country to boost up ...
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.
When was the 3rd draft convention on the protection of foreign property passed?
After many attempts, the [3] Draft Convention on the Protection of Foreign Property by the OECD Council was passed on 12 October1967, which, though was not signed by states, was regarded as the uniform code for nations. Now, bilateral treaties are made between two states to facilitate business and trade between them.
Is India interested in trade?
India has been interested in signing trade agreements with many nations. The Indian [15] International Investment Agreements (IIA) have been efficient tools to propagate India’s interest towards enriching the investment and trade sector and promoting trade and peace among its allies. [16] .
What is the Belmont Principle of beneficence?
The Belmont Principle of beneficence requires that. Potential benefits justify the risks of harm.
What are ethical concerns related to conflicts of interest in research?
Medical Vulnerability. The most important ethical concerns related to conflicts of interest in research are: Ensuring the objectivity of research and the protection of human subjects.
What happens when a researcher leaves a research file in her car?
A researcher leaves a research file in her car while she attends a concert and her car is stolen. The file contains charts of aggregated numerical data from a research study with human subjects, but no other documents. The consent form said that no identifying information would be retained, and the researcher adhered to that component.
What is the only record linking the subject and the research?
The only record linking the subject and the research is the consent document and the principal risk is a breach of confidentiality. As part of the consent process, the federal regulations require researchers to: Provide potential subjects with information at the appropriate reading comprehension level.
What is a consent document?
A study in which subjects were assigned to study activities based on an undesirable or unflattering physical characteristic as assessed by members of the research team. The only record linking the subject and the research is the consent document and the principal risk is a breach of confidentiality.
What is a therapist in a clinic?
A therapist at a free university clinic treats elementary school children with behavior problems who are referred by a social service agency. She is also a doctoral candidate who proposes using data she has and will collect about the children for a case-based research project.
Do you need informed consent for a child therapist?
A general requirement for informed consent is that no informed consent may include any exculpatory language.
What is the responsibility of an educator to set the standards for the way a classroom will run?
2. Communicating Classroom Standards. It is an educator’s responsibility to set the standards for the way a classroom will run, which must be done both very clearly and very early on in the learning process. In order to promote equity in the classroom, there are a few very specific and significant standards educators should aim to set.
What does Attwood believe?
Attwood believes that students who are able to listen and process others’ perspectives without feeling the need to jump in and defend their own views can learn the most in an equitable environment.
What is the act of calling in?
1. Promoting the Act of “Calling In”. This method of promoting equity in the classroom is derived from the idea that teachers must always be listening for and identifying moments of bias, oppression, and other subconscious, identity-based assumptions and ideas that students bring up in the classroom.
What is Attwood's unique relationship with equity in education?
Attwood’s unique relationship with equity in education is defined by the fact that she not only works to apply these practices within each of the classes she teaches, but also must encourage and guide aspiring teachers to do the same in their future classrooms.
What is the tone of learning?
Whereas setting classroom standards is about developing how students will react and engage with discussions in the classroom, setting the tone for learning is about starting students off with activities, exercises, readings, and discussion questions that bridge these difficult topics right from the start.
What is the best way to learn from others?
Really listening to and learning from one another. Standing strong in their own perspective, while also recognizing the differing views of others. Differentiating between opinion—which everyone has—and informed knowledge—which comes from sustained experience, study, and practice. Striving for intellectual humility.
Why is it important to have a quieter voice in the classroom?
It’s important that each student in the room feels that they have both the power to speak their mind and that their words will be used productively in conversation. Without this standard in the classroom, it is only natural that the most outspoken voices will try to lead the conversation while quieter voices fall behind, when often it’s the quieter voices that most need to be heard in discussions of equity.
What Is the Most-Favored-Nation Clause?
A most-favored-nation (MFN) clause requires a country to provide any concessions, privileges, or immunities granted to one nation in a trade agreement to all other World Trade Organization member countries. Although its name implies favoritism toward another nation, it denotes the equal treatment of all countries.
Most-Favored-Nation Clause Explained
In international trade, MFN treatment is synonymous with non-discriminatory trade policy because it ensures equal trading among all WTO member nations rather than exclusive trading privileges. For example, if a nation reduces tariffs by 5% for one nation, the MFN clause states that all WTO members will have their tariffs cut by 5% into that nation.
The Political Implications of the MFN Clause
During Bill Clinton’s presidency (1993–2001), congressional representatives debated the merits of dropping the embargoes and quotas placed on China and Vietnam and granting them MFN status.
Real World Example of a Most-Favored-Nation Clause
The United States extends MFN status to all nations except those who have had their status suspended by specific legislation.