The International Law Minimum Standard of Treatment

Authors

Robert L. Howse, New York University School of LawFollow

Files

Description

This entry looks into the international law minimum standard of treatment (MST). The entry details its emergence as customary international law, describes its contours and requirements, and application in investment law. In particular, it considers the relationship of the MST to the fair and equitable treatment (FET) standard in North American Free Trade Association (NAFTA) awards and the changes brought by the revisions of NAFTA under the United States Mexico Canada Agreement (USMCA). The entry finds that recently a treaty-based approach to defining international standards for treatment of investors and investments dominates. It concludes that the normative content in these recent treaty provisions overlaps considerably with that of contemporary regional and multilateral human rights instruments.

First Page

539

DOI

https://doi.org/10.1093/law/9780192849922.003.0043

Source Publication

General International Law in International Investment Law: A Commentary

Source Editors/Authors

Andreas Kulick; Michael Waibel

Publication Date

2-1-2024

Publisher

Oxford University Press

Recommended Citation

Robert L. Howse, The International Law Minimum Standard of Treatment, General International Law in International Investment Law: A Commentary 539 (2024).
Available at: https://gretchen.law.nyu.edu/fac-chapt/2128