Tratamento justo e equitativo a investimentos estrangeiros na Argentina: análise das expectativas legítimas na jurisprudência do ICSID

Abstract

This paper analyzes the standard of fair and equitable treatment of investors as a typical clause in bilateral investment treaties. Previously consistent with the "minimum standard of treatment for foreigners", today the concept relates to the protection of the legitimate expectations of investors. In the ICSID reports that have as context the Argentina crisis of 2001-2002, the fair and equitable standard was applied to the same extent as other cases with totally different factual context. Based on the reading of this jurisprudence and specific bibliography, it is tried to demonstrate that the fair and equitable treatment must have only a procedural, non-material character, under penalty of emptying the content of the standard and the possibilities of valuation appreciation by the courts.