5 Treatment of Aliens and Their Assets

The standard-of-treatment debate (the classics):• The international minimum standard: aliens are owed a minimum of civilized justice — the Neer case (US–Mexico Claims Commission, 1926): treatment "amounting to an outrage, to bad faith, to willful neglect of duty, or to an insufficiency of governmental action" — a high threshold of shocking failure; the developed states' doctrine;• The national-treatment (Calvo) doctrine: aliens are entitled only to equality with nationals (no better) — the developing world's doctrine; the debate resolved diplomatically: the minimum standard as the floor (customary), national treatment as treaty's supplement;• The modern standards' vocabulary (BIT-era): fair and equitable treatment (FET — the modern evolution beyond Neer: legitimate expectations, transparency, due process); full protection and security; non-discrimination; free transfer of funds — the treaty-level standards adjudicated daily in ISDS.Aliens' assets — the takings law:1. Expropriation/nationalization: the state's power to take (sovereignty over natural resources — GA Resolution 1803 (1962), the compromise canon) conditioned on compensation — the standards' war: the Hull formula ("prompt, adequate and effective" — full value) vs. the developing-world "appropriate compensation" — the modern consensus: lawful taking + compensation per the treaty's or the case-law's standard, absent which the taking is wrongful (Chorzów's full-reparation logic);2. Indirect expropriation and regulatory takings — the police-power boundary (non- compensable regulation vs. compensable deprivation — the modern jurisprudence's hardest line);3. Protection…