This note statistically describes the treaty approaches and designs observed with respect to clauses on ‘fair’ and ‘equitable’ treatment in investment treaties.8 It sets out: How ‘fair’ and ‘equitable’ treatment clauses in treaties concluded by the 99 jurisdictions that are invited to participate in the OECD-hosted work programme on the Future of Investment Treaties used to frame the ‘fair’ and ‘equitable’ clauses in earlier decades; which designs have developed and proliferated more recently and how they circumscribe obligations to afford ‘fair’ and ‘equitable’ treatment; and to what extent these newer designs are observed in individual jurisdictions’ and the collective treaty samples.
‘Fair’ and ‘equitable’ treatment provisions in investment treaties
A large-sample survey of treaty provisions
Working paper
OECD Working Papers on International Investment
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