Originally from World Arbitration And Mediation Review (WAMR)

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I. INTRODUCTION
Divining the content of the customary international law
minimum standard of treatment (“the minimum standard of
treatment” or “the minimum standard”) has become a necessary
exercise for those charged with interpreting the scope of the
“Minimum Standard of Treatment” obligation in NAFTA Article
1105.1 By its plain terms, NAFTA Article 1105(1) requires the
NAFTA Parties to provide investments of investors with
treatment in accordance with international law, and the fair and
equitable treatment obligation, like the obligation to provide full
protection and security, is offered as illustrative of that kind of
treatment.2 The United States maintained from the outset that