Fair and Equitable Treatment: Its interaction with the minimum standard and its customary status

By Patrick Dumberry, Published by Brill | Nijhoff, March 2018

The fair and equitable treatment (FET) standard has become one of the most controversial provisions found in bilateral investment treaties (BITs). This book examines the interaction between the minimum standard of treatment (MST) and the FET standard and the question of why states started referring to the former in their BITs. It also addresses the question of whether FET should be considered as an autonomous standard under BITs. Rebutting the controversial proposition that the FET standard should now be considered as a rule of customary international law, the author shows that states’ practice of including FET clauses in their BITs is not uniform and consistent enough and that states also lack the necessary opinio juris. Available at https://brill.com/abstract/title/37944