Most-favoured-nation treatment
Author(s)
Bibliographic Information
Most-favoured-nation treatment
(UNCTAD series on issues in international investment agreements, II [i.e. 2nd series])
United Nations, 2010
[Rev. ed.]
Available at / 7 libraries
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Library, Institute of Developing Economies, Japan External Trade Organization図
C||332.46||M1215834617
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Note
First published: 1999
"A sequel"--Cover
"UNCTAD/DIAE/IA/2010/1"--T.p. verso
"Sales no. 10.II.D.19"--T.p. verso
Includes bibliographical references (p. [119]-123)
"Cases and arbitral awards:" p. 125-128
Also available online
II [i.e. 2nd series]: description based on UNCTAD website
Description and Table of Contents
Description
The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalisation and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of ""treatment"" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison ""in like circumstances"" or excluding its use in investor to State cases.
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