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Minimum Standard of Treatment

The "minimum standard of treatment," which includes the right to "fair and equitable treatment" is a vague and evolving standard that permits foreign investors to challenge government actions on the grounds that they are either procedurally or substantively unfair. These vague concepts allow international investment tribunals considerable discretion and make it difficult to predict when a tribunal will find that justice has been denied.  They provide no specific criteria for identifying when there has been a denial of justice of a substantive character. 

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