The Regulation of International Capital Doctrine Dissertation

The Regulation of International Capital Doctrine - Dissertation Example There is support for the view that the evolving standard of fair and equitable treatment is living up to its predictions and expectations. It can therefore be argued that contrary to popular belief in the literature, the standard for fair and equitable treatment in international investment treaties has evolved around a lot of uncertainty and inconsistencies. The uncertainty attending the application and interpretation of the doctrine of fair and equitable treatment is further compromised by whether or not there is a universally accepted standard relative to the minimum standard of treatment under customary international law. This research study proposes to rebut the argument that the doctrine of fair and equitable treatment standard has the potential to create a cohesive body of customary international law relative to the movement of foreign investment via BITs. This research study essentially aims to provide a critical analysis of the literature relative to existence and interpretat ion of the minimum standard treatment under customary international law, its consequences for the evolving concept of fair and equitable treatment standard as well as its development. It is argued that the number of treaties, the lack of a uniform standard under customary law, the need for protecting foreign investors and the need for resolving disputes give way to two opposing factors. First, a standard is necessary for sustaining the movement of capital across borders in an increasingly interconnected, but diverse world.