The current status of the full protection and security standard in international investment law

Abstract

One of the standards of protection available to foreign investors in investment protection treaties —whether in Bilateral Investment Treaties or in Investment Chapters of Free Trade Agreements— is the standard of full protection and security, which is usually subject of claims in investor-State arbitrations after the standards of fair and equitable treatment and unlawful expropriation, which are the most claimed. Therefore, understanding the scope of this standard, its evolution and status in international investment law is of great relevance.