International Law and Fair Treatment of Foreign Investments

• Main Authors: Dmitriy K. Labin, Alexander S. Borgoyakov
• Format: Article
• Language: English
• Published: Moscow State Institute of International Relations (MGIMO) 2016-03-01
• Series: Московский журнал международного права
• Subjects: иностранные инвестиции; международный минимальный стандарт; гарантия справедливого и равноправного режима; гарантия полной защиты и безопасности; foreign investments; international minimum standard; standard of fair and equitable treatment; standard of full protection and security
• Online Access: https://www.mjil.ru/jour/article/view/130

Security and fair treatment of foreign investments are among the main goals of international investment law. At the same time they appear to have been among the most topical problems of international investment law for long time. Starting from the XIX century (when international investment regime was established primarily by the rules of international customary law) the theory and practice of foreign investments have developed significantly; and one of the main results of such development is the increased role of international investment agreements. While international customary law has developed the concept of the “international minimum standard”, the treaty practice has developed the widespread concepts of the standards of “full protection and security” and “fair and equitable treatment”. This article is focused on the main concepts and approaches of solving the problem of security and fair treatment of foreign investments with a view on their historical evolution and the current legal practice.