Analysis of legitimate expectation under fair and equitable treatment in international investment law.

Abstract

This thesis declares about an analysis of legitimate expectation under fair and equitable treatment in international investment law. The “fair and equitable treatment” standard establishes a minimum level of treatment to be given to protected investors and their investments. Violations of the fair and equitable treatment standard are the most common type of treaty violation committed by governments. What constitutes “fair and equitable treatment” is determined by analyzing all of the circumstances of a particular case. Not all treaties are the same however, so the way in which fair and equitable treatment is interpreted and applied may depend upon the exact wording of the treaty. That said, it is possible to identify a number of circumstances that have been considered when determining whether there has been fair and equitable treatment.