Abstrak

Kembali

‘‘Fair and equitable treatment’’ and ‘‘the minimum standard of treatment’’, as quintessential ‘‘evaluation rules’’, require those who apply such rules to take account of changing cultural values. These values develop in a dynamic and increasingly democratic customary international law process, which now incorporates, in addition to States, many non-State actors. Once States insert an evaluation rule in a treaty with a jurisdictional clause, they must share custody of its evolution with arbitral tribunals, whose mandate includes customary international law. State efforts to recapture control of the evolving content of ‘‘fair and equitable treatment’’ and ‘‘the minimum standard of treatment’’ have proved ineffective and will probably continue so.