Kluwer: The Surprising Relevance of Neer at 100

The decision of the U.S.-Mexico General Claims Commission in L.F.H. Neer and Pauline Neer (U.S.A.) v. United Mexican States turns 100 this month. Although States have been criticized for relying on Neer’s definition of the minimum standard of treatment under international law, Neer remains a model for the Commission’s restrained exercise of its power to review the acts of a State. Thus Neer remains useful as guidance on arbitral approach, particularly in cases where the legal standards are unclear.

The below post first reviews the Neer decision and the rejection of the “Neer standard” by later tribunals and commentators.