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The fair and equitable treatment (FET) standard has long been considered an indispensable part of international investment protection agreements and is often invoked in investor-state arbitration (ISA). Particularly after the North American Free Trade Agreement (NAFTA) came into effect in 1994,...
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This article critically analyses the latest Awards in the NAFTA Chapter 11 Pope & Talbot case. The Final Award in Respect of Damages, issued on 31 May 2002, contains very interesting developments in the proper interpretation to be given to the concept of "fair and equitable treatment" included...
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The adverse effect of international trade and investment agreements on the protection and enjoyment of human rights has been a growing concern among human rights NGOs and UN human rights bodies in recent years. Surprisingly, these concerns have not been translated into legal challenges to trade...
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