Minimum standard of treatment
Minimum standard of treatment: Article 1105 of NAFTA (minimum standard of treatment) requires each party to accord to investments of investors of another party treatment in accordance with international law, including fair and equitable treatment and full protection and security. This provision has caused considerable comment and analysis, though, as many have pointed out, such provisions have been around for some time. One difference is that NAFTA has the judicial environment where this provision can be enforced. Views on the meaning and impact of this provision are still evolving. A recent judgement in a NAFTA dispute illustrates the issue. The judge in The United Mexican States v. Metalclad Corporation held that Article 1105 was framed in absolute terms, “intended to establish a minimum standard so that a party may not treat investments of another
Source: http://ctrc.sice.oas.org/trc/WTO/Documents/Dictionary%20of%20trade%20%20policy%20terms.pdf
Web site to visit: http://ctrc.sice.oas.org
Author of the text: W. Goode
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