Bilateral Investment Treaties - A study on international investment law and arbitration, with special regards to ‘fair and equitable treatment’

Abstract

AIMING towards increasing knowledge within the field of international investment law, a legal field traced by uncertainty and alike no other.

DESIRING to research the regulatory system which controls international investments, which increase in amount each day. International investment law is built upon bilateral treaties signed by States, and each State has negotiated one such treaty with every contracting State meaning that there are several thousand treaties.

CONSCIOUS about the issues regarding a clause included in almost every bilateral investment treaty, regarding fair and equitable treatment. All States seem to be convinced that such treatment is important to induce international investments, but there is no general definition of the term.

BUILDING on the notion that there may be need for clarification regarding how to interpret the fair and equitable treatment standard.

CONSIDERING that there may even be grounds for researching and establishing a new legal system regulating international investment law.

RECOGNISING that this study will not reach final conclusions on rectifying the issues within the legal field, but search to identify and bring them into the light, to be able to discuss and analyse them.