Chapter

National Treatment

Andrea K. Bjorklund

in Standards of Investment Protection

Published in print September 2008 | ISBN: 9780199547432
Published online March 2012 | e-ISBN: 9780191701467 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199547432.003.0003
National Treatment

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This chapter examines the historical background of the national treatment obligation in international investment agreements. It provides examples of investment treaty provisions and analyses the case law in which the contours of the national treatment obligation have evolved. The findings suggest that though national treatment can be difficult to apply, it is a viable and important cause of action in investment treaty cases. The results also reveal that the majority of tribunals agree that the national treatment obligation is directed at measures that distinguish on the basis of nationality, rather than on neutral criteria.

Keywords: national treatment; investment agreements; investment treaties; nationality; neutral criteria

Chapter.  14463 words. 

Subjects: Public International Law

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