HAL will be down for maintenance from Friday, June 10 at 4pm through Monday, June 13 at 9am. More information
Skip to Main content Skip to Navigation
Theses

A reconstruction of fair and equitable treatment from the perspective of human rights protection

Abstract : The relationship between human rights protection and foreign investment protection has been an issue that has been widely discussed. When the foreign investment protection and the human rights protection of local people conflicts, how should the investment law regime solve the problem? Moreover, is it possible that foreign investors' human rights protection be included in the international investment law regime? The international investment law regime should find a way to make itself compatible with international human rights law regime. The aforementioned is the major issue that this thesis intends to address. I have proposed to include human rights protection through the fair and equitable treatment (FET) clause in BITs. The literal meaning of FET is to give foreign investors the treatment that they deserve. This means that foreign investors should not be given neither less than they deserve, nor more than they deserve. Foreign investors were given more than they deserve when their investment were protected without giving due regard to local people's human rights protection. Meanwhile, foreign investors deserve an investment environment where their human rights are protected. For the coherence argument, FET is generally the implementation of the rule of law. In its interpretation, there is a presupposed warrant. The warrant is "foreign investors deserve an investment environment where rule of law is implemented." Foreign investors deserve an investment environment where rule of law is implemented. Rule of law includes the protection of human rights. Foreign investors therefore deserve an investment environment where the protection of human rights is implemented.
Document type :
Theses
Complete list of metadata

https://hal-sciencespo.archives-ouvertes.fr/tel-03655539
Contributor : Hélène Saint-Gal Connect in order to contact the contributor
Submitted on : Friday, April 29, 2022 - 4:11:37 PM
Last modification on : Saturday, April 30, 2022 - 3:36:04 AM

Identifiers

  • HAL Id : tel-03655539, version 1

Collections

Citation

Kangping Du. A reconstruction of fair and equitable treatment from the perspective of human rights protection. Political science. Institut d'études politiques de Paris - Sciences Po, 2018. English. ⟨NNT : 2018IEPP0029⟩. ⟨tel-03655539⟩

Share

Metrics

Record views

4