Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 24 January 2021

Abstract and Keywords

Today, international investment law arbitrations include claims for two broad categories of state responsibility: nondiscrimination and fair and equitable treatment. It is these two categories of treatment owed by states to investors to which this article is devoted. A recent bilateral investment treaty award, Saluka v Czech Republic, may be demonstrative of this trend. Saluka was a classical non-discrimination award that was not based upon a non-discrimination provision, such as national treatment, because one was missing from the treaty. The tribunal based its findings for the successful claimant upon the treaty's minimum standard of treatment provision instead. The goal of this article is merely to note that, as a matter of doctrine, it is becoming increasingly difficult to discern any difference between the ways in which non-discrimination and minimum standard provisions are actually being interpreted and applied.

Keywords: international investment law, equitable treatment, Saluka v Czech Republic, non-discrimination award, doctrine, minimum standard provisions

Todd J. Grierson-Weiler

Todd Grierson-Weiler, Adjunct Professor, Faculty of Law, University of Calgary and the Washington College of Law.

Ian A. Laird

Ian A. Laird is Special Legal Consultant, Fulbright & Jaworski LLP, Washington, DC.

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.