試析外資公平公正待遇標準

Different from National Treatment and Most-Favored-Nation Treatment which are contingent standards, Fair and Equitable Treatment （FET） is an absolute standard for the treatment of foreign investors and their investments. However, not only the treaty wordings but also the arbitral interpretations of this standard diverge a lot. Since a majority of the FET clauses don＇t refer to customary international law, it is inappropriate to take the FET as the international minimum standard. Instead, it should be taken as an independent treaty clause and interpreted according to the rules of Vienna Convention.