文档介绍：followed.
The first chapter is an introduction of the standards of the fair and equitable treatment in . investment agreements. This part discusses the treatment in two aspects, the prescriptions of American free trade agreement and of the American bilateral investment agreements. From the fact that Article 1105 in the North American Free Trade Agreement and Article 2 in 1984 . Model Bilateral Investment bine the fair and equitable treatment with international law, and the interpretation made on Article 1105 by the Free mission and Article 4 in 2004 . Model Bilateral Investment Treaty both regard the fair and equitable treatment as the minimum standard of treatment, it can be concluded that the expansionary interpretation of the treatment has changed to a restrictive way in the USA. Besides, such change is in accordance with the trend of international investment development in the USA.
Chapter 2 is the thorough discussion of the standard of reasonableness. From the aspects of both the reasonableness of the host state‟s conduct and that of the investor‟s expectation, the bines the related investment practices in the USA to demonstrate that the fair and equitable treatment requires reasonable correlation between the acts of the host countries and investors and legitimate public policy objective.
Chapter 3 is the discussion of the standard of consistency. bining the relation between standard of consistency and legitimate expectation and generalizing related American cases of investment arbitration, the thesis elaborates the embodiment of the fair and equitable treatment from three aspects, consistency in contract validity, assurance validity and stipulations in law.
Chapter 4 is the examination of the standard of transparency. This part firstly makes an interpretation of the relation between transparency and the standard of the fair and equitable treatment in an attempt to illustrate the reason why taking transparency as the main standard of defining the f