Conclusion: The Night Watchman State
The FPS standard requires the state to exercise the monopoly of the use of force to the benefit of foreign citizens, protecting them from external sources of risk. In this sense, the host state could be thought of as a ‘night watchman’. FPS has a specific scope of application and a limited content. Cases concerning risks that are not properly covered by the FPS standard must be assessed through the prism of other standards of investment protection.