Keywords
customary international law
minimum standard of treatment of aliens
fair and equitable treatment
How to Cite
Abstract
The legal systems of the NAFTA nations have common features, yet the differences in terms of court practice and applicable substantive principles are notable. Within the context of NAFTA, however, a dispute resolution system not under the control of any single NAFTA nation -investor-state arbitration- is refining the concept of the minimum standard. The arbitral tribunals are guided by prior arbitral awards in shaping the important body of international law, and they are developing fairly consistent and harmonized principles concerning the contours of the minimum standard, particularly with regard to denial of justice.Authors who publish with this journal agree to the following terms:
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