
Contents
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(1) National Treatment (1) National Treatment
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(2) Most Favoured Nation Treatment (2) Most Favoured Nation Treatment
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(3) Fair and Equitable Treatment (3) Fair and Equitable Treatment
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(4) Full Protection and Security (4) Full Protection and Security
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(5) Compensation in Cases Other Than Expropriation (5) Compensation in Cases Other Than Expropriation
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Concluding Remarks Concluding Remarks
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16 Control of Investment Risks II: Non–Discrimination, Fair and Equitable Treatment, and Full Protection and Security
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Published:July 2007
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Extract
In recent years, the nature of claims made by investors, before tribunals, has changed. While expropriation claims have been historically the most important, and the issue of regulatory or indirect expropriation has given new life to such issues, a significant measure of success appears to have been had through the bringing of claims based on breaches of the national treatment or fair and equitable treatment standard.1 In addition, the most favoured nation (MFN) standard has given rise to claims that stronger standards of protection, found in other International Investment Agreements (IIAs) entered into by the host country, should apply to the IIA underlying the dispute by way of the application of the MFN clause in that agreement. Furthermore, the responsibility of states to ensure the full protection and security of investments has given rise to some disputes. Claims based on these standards will, of course, attract compensation where they are upheld. However, the approach to compensation cannot be the same as for expropriation claims, as the nature of the loss is different. Each of these issues will now be considered.
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