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Task
Explore the meaning and content of the fair and equitable treatment (FET) standard included in international investment treaties and its relationship with the minimum standard of treatment under customary international law. Discuss the criticism against the standard and its reform in the new generation of international investment and free trade agreements.
1.Explain how the standard should be interpreted and applied, particularly under the rules of the Vienna Convention on the Law of Treaties
2.Provide an overview of the literature on the meaning and content of the FET standard
3.Identify relevant case law and discuss the different interpretative approaches of arbitral tribunals
4.Discuss the implications of the standard for the host states right to regulate in several areas of public interest
5.Discuss the criticism against the standard and proposals for reform, especially in the context of the new generation of international investment and trade agreements, such as CETA.
Threshold Expectations from UIF
1.Identify and describe the main principles of International Law relating to Investment Treaty Arbitration.
2.Demonstrate understanding of the economic and political influences that affect investment treaty arbitration.
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