Exploring the Fair and Equitable Treatment (FET) Principle and Balancing Investor-State Rights

In the recent times, the proliferation of international trade and the rise in foreign investments has led to the initiation of numerous bilateral and multilateral investment treaties. Today, almost every country is a party to atleast one Bilateral Investment Treaty. This article primarily explores the various nuances of the Fair and Equitable Treatment principle including a closer look at its meaning and interpretations, its nexus with minimum standards of protection and with the principle of legitimate expectations and its uncertain nature as viewed by developing countries. Lastly, this short article focuses on the emerging trend of increasing investor responsibilities and duties, which turn leads to the discussion on the need for balance between the investor’s rights and the public interest of the host state.