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Fair and Equitable Treatment as a Basic Guarantee of Investors' Rights

Student: Vyatkin Pavel

Supervisor: Konstantin Ksenofontov

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2016

P.B. Vyatkin Fair and Equitable Treatment as a Basic Guarantee of Investors' Rights This graduate paper is aimed at examining concept of fair and equitable treatment (FET) as basic mechanism of foreign investors’ rights. The main objectives of the paper are: (a) to identify the content of FET concept; (b) to compare the main approaches to the interpretation of the FET; (c) to analyze legal practice. Based on this research the following conclusions were made: firstly, FET is the most commonly used mechanism of protection in the current multilateral and bilateral investment treaties; secondly, there is no single opinion regarding to content of the concept: some researchers are inclined to think that FET is a rule of customary international law linked to the international minimum standard, while others believe that this concept has its own, autonomous content; thirdly, autonomous content guarantees protection of foreign investors’ rights to a greater extent than officially adopted in the NAFTA member states FET linked to the international minimum standard because the minimum standard sets low and abstract requirements for the receiving State, such as acting in an "egregious" or "shocking" manner; fourthly, the advantage of the autonomous content is an individual approach to each case which gives the necessary flexibility in the adoption of decisions by the tribunals in matters of FET violations. Academic Supervisor: Konstantin Ksenofontov, C.J.S. (National Research University “The Higher School of Economics”), lecturer of the Department of Public and Private International Law, Faculty of Law, National Research University “The Higher School of Economics”

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