scholarly journals International investment law and labour rights protection: A standard of fair and equitable treatment and indirect expropriation in the light of changes in host country labour law

2021 ◽  
Vol 59 (1) ◽  
pp. 35-51
Author(s):  
Katarina Maletić
Keyword(s):  
International Investment ◽  
International Investment Law ◽  
Rights Protection ◽  
Labour Rights ◽  
Treatment Standard ◽  
Fair And Equitable Treatment ◽  
Domestic Labour ◽  
Labour Legislation ◽  
Equitable Treatment ◽  
Labour Regulation

The purpose of this paper is to answer the question whether investors may challenge domestic labour legislation by invoking breach of international investment agreements, in particular violations of fair and equitable treatment standard, as well as illegal expropriation of investments. The answer to this question is especially relevant for developing countries, such as the Republic of Serbia, which seek to harmonize their legal systems with international principles of labour rights protection. Therefore, the paper will explore the interpretations of the fair and equitable treatment standard and indirect expropriation given by arbitration tribunals and accepted among scholars, as well as their application with respect to the labour regulation changes. Particularly analysed is the relevant case law before arbitration tribunals dealing with the question whether host states may violate these standards by amending their domestic labour legislation. Research has shown that domestic labour regulation amendments may rarely be interpreted as indirect expropriation, while the fair and equitable treatment standard may be breached in case of unpredictable labour legislation changes which would significantly violate guarantees given by the state to attract foreign investments but cannot protect investors from the introduction of bona fide labour regulations.

Equity-Based Decision-Making and the Fair and Equitable Treatment Standard: Lessons From the Argentine Investment Disputes – Part I

2012 ◽  
pp. 210-255
Author(s):  
Srilal M. Perera
Keyword(s):  
Decision Making ◽  
International Law ◽  
International Investment ◽  
International Investment Law ◽  
Treatment Standard ◽  
International Investment Agreements ◽  
Fair And Equitable Treatment ◽  
Investment Law ◽  
Equitable Treatment ◽  
Investment Agreements

In Part I of this two-part article the author examines the foundations for equity-based decision-making under international law and their relevance to resolving contemporary investment disputes based on the Fair and Equitable Treatment standard (FET standard). He contends that equity-based decision-making in the past has been rare, and in such instances adjudicators have been extremely restrained because of the propensity for subjective judgments. However, in the modern day application of equitable considerations in a large number of investments disputes before the International Centre for Settlement of Investment Disputes (ICSID) seeking relief based on the FET standard, the decisions have mostly been inconsistent and conflicting, leading often to inexplicable and excessive remedies. In no other line of cases has this trend been more demonstrated than in the investment disputes following the Argentine economic crisis. They point more to the serious anomalies and omissions and interpretive issues in International Investment Agreements (mostly BITs) which require remedial measures if international investment law itself is to advance.

International investment law and arbitration

2014 ◽  
Author(s):  
Laird Ian A ◽  
Sabahi Borzu ◽  
Sourgens Frédéric Gilles ◽  
Birch Nicholas J ◽  
Duggal Kabir
Keyword(s):  
Ad Hoc ◽  
International Investment ◽  
Domestic Court ◽  
International Investment Law ◽  
The Past ◽  
Treatment Standard ◽  
Fair And Equitable Treatment ◽  
Investment Law ◽  
Primary Basis ◽  
Equitable Treatment

This chapter is organized into five sections, focusing on issues addressed by tribunals and courts in 2012 related to Jurisdiction, Merits, Compensation and Non-pecuniary Remedies, Procedure and Annulment, and Enforcement of Awards. Section A discusses the grounds for jurisdictional challenge by respondents. Section B provides a summary review of the merits decisions of the past year, showing that the fair and equitable treatment standard remains a primary basis for the awards of tribunals, with a resurgence of decisions by tribunals accepting that investments were expropriated without compensation. Section C reviews the eight awards in which compensation was granted in 2012. Section D addresses questions of procedure that arose in 2012. Finally, Section E reviews the two International Centre for Settlement of Investment Disputes ad hoc annulment committee decisions of the past year, plus a number of domestic court decisions regarding the enforcement of awards.

scholarly journals FAIR AND EQUITABLE TREATMENT STANDARD IN NTERNATIONAL INVESTMENT AGREEMENTS

2018 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
Sefriani .
Keyword(s):  
Due Process ◽  
International Investment ◽  
International Investment Law ◽  
Host State ◽  
Legitimate Expectation ◽  
Treatment Standard ◽  
International Investment Agreements ◽  
Fair And Equitable Treatment ◽  
Equitable Treatment ◽  
Investment Agreements

<pre><span lang="EN-US">In the last five years, the number of investors who suit against host state in the international arbitration forum increased significantly. Almost all lawsuits used fair and equitable treatment (FET) standard which has been violated by the host state. Most of international investment agreements including those that were made by Indonesia contain FET standard clauses. However, there are no definitions related to this standard. This condition potentially raises a very wide interpretation of the standard. The problem formulations in this article are how the history of FET is, where its position in international investment law is and what elements of FET standard are. The results show that the FET standard has existed since Havana Charter followed by various FCN, BIT and other international investment agreements. FET standard can be categorized as customary international, legally binding on all countries regardless their national law. Although there is no universal approval regarding the scope of FET standard, the writings which have been published and the arbitral tribunal decision mentions that those elements are legitimate expectation; due process; denial of justice; rule of law; non-discrimination; transparency; consistency, good faith, and reasonableness.</span></pre><pre><span lang="EN-US"> </span></pre>

NCD Prevention and International Investment Law in Latin America: Chile’s Experience in Preventing Obesity and Unhealthy Diets

2020 ◽  
Vol 21 (5) ◽  
pp. 781-808
Author(s):  
Marcelo Campbell
Keyword(s):  
Latin America ◽  
International Investment ◽  
National Treatment ◽  
International Investment Law ◽  
Nutrition Labelling ◽  
Treatment Standard ◽  
Fair And Equitable Treatment ◽  
Domestic Courts ◽  
Investment Law ◽  
Equitable Treatment

Abstract In 2016, Chile became the first country in Latin America to implement comprehensive regulations aimed at preventing obesity and diet-related non-communicable diseases. It introduced innovative measures including a mandatory front-of-pack nutrition labelling scheme for food products high in sodium, free sugars, fats, and calories, and strict advertising and marketing restrictions of unhealthy foods to children under 14 years of age. However, food-exporting countries have questioned the lawfulness of these measures in the context of the World Trade Organization’s Technical Barriers to Trade Committee, and multinational food companies have filed several complaints before Chilean courts challenging their implementation. This article provides an overview of specific legal issues discussed in domestic courts and examines Chile’s measures under the rules of international investment law. It assesses whether they would withstand a treaty claim based on indirect expropriation, breach of the national treatment standard, and breach of the fair and equitable treatment standard.

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