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An Historical Analysis Of The Function Of The Minimum Standard Of Treatment In International Investment Law

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Chapter Summary

This chapter is about the evolution of international investment law and arbitration. Applying an historical analysis, it focuses on three key developments: development of the investor-State arbitration method for dispute settlement; the international law minimum standard of treatment; and the question of whether transnational corporations are entitled to enjoy it. A straight line could arguably be drawn between the 19th century doctrines of Argentinean publicist, Carlos Calvo, and the NIEO movement. Yet another demonstration of the universality of these doctrines can be seen in the recent process of retrenchment, if not outright retreat, undertaken by Canada and the United States in respect of the language used in their treaty models, once both found themselves in the unfamiliar role of Respondent under the NAFTA's investment chapter.

Keywords: Calvo doctrine; Canada; international investment law; investor-State arbitration method; NIEO movement; transnational corporations; United States



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