Most-Favoured-Nation

Masters
Essay
Miscellaneous
Pages 12 (3012 words)
Download 0
Critically analyse whether the scope of application of the Most-Favoured-Nation (MFN) treatment clause in investment treaties covers jurisdictional or procedural matters, taking into account the recent arbitration cases.
Most-Favoured-Nation (MFN) acts as a binding force linking investment treaties with Jurisdiction…

Introduction


MFN is regarded as an important standard code of international commercial transaction. It has been said that MFN clause is one of the commonly adopted principle in the international investment2 domain. The definition of Most favoured-Nation is3 well explained in Article 5 of International law commission Draft Articles4,
Treatment accorded by the granting State to the beneficiary State, or to person or things in a determined relationship with that State, not less favoured than treatment extended by the granting State to a third State or to person things in the same relationship with that third state.
The scope of Most Favoured nation is a two way sword creating controversies related to whether the international investment treaties covers jurisdictional or procedural matters. The inclusion of MFN clauses became a general practice in the numerous bilateral, regional and multilateral investment-related agreements till 1950.
The aim of MFN clause is to reiterate the importance of equality of treatment irrespective of the nationality of the investors5 and eliminate the discriminative forces.MFN clause had a variant approach towards different treaties leading to more problems in identifying the scope and extend protections based on different treaties and their conditional clauses.
Thi ...
Download paper
Not exactly what you need?

Related papers

American History (U.S. as the Most Aggressive Nation in the World)
the most aggressive nation in the world. This untrammeled hunger for power over other countries and their resources will cause more wars which will inevitably lead to the destruction of the ecology of the planet, and might lead to the destruction of the human race itself. It is the duty of every American to restrain the imposition of the will of the U.S on other countries .Citizens must make it a…
Nation Building
To begin with, it is imperative to define nationalism. A force that is capable of rendering a national character to any uprising or event, nationalism is a phenomenon that permeates into the very core of a citizen's life. This has been studied in context of the book by Charles Tilly titled European Revolutions (1993)…
Examine the role played by the GATT and the World Trade Organisation (WTO) in regulating international trade. What were the difficult issues it faced in the Doh
The agreements are arrived at through a series of negotiating 'rounds', which are named after the location where the talks take place. The current round of talks are known as the Doha Round after Doha Qatar and include negotiations on goods, services, and intellectual property.…
In the event of peace, and a Palestinian state being formed, Palestine would suffer massive economic repercussions due to lack of competitiveness and underdevel
The current economic scenario in Palestine is not very encouraging. In the second quarter of 2007, the GDP of Palestine grew by 6.5%. The largest increases in gross value added were registered the following sectors: education (+32.1%), hotels (+24.9%), health ( +15.2%), construction (+13.9%) and agriculture (+12.8%). There was a decline however in sectors like mining, water and electricity and…
Global Governance Essay
The conclusion contains brief recommendations for action to make free trade really "free".…
Most-Favoured-Nation
MFN is regarded as an important standard code of international commercial transaction. It has been said that MFN clause is one of the commonly adopted principle in the international investment2 domain. The definition of Most favoured-Nation is3 well explained in Article 5 of International law commission Draft Articles4,…
Non-discrimination is a Cornerstone of GATT Law
The most important trade principle was non-discrimination with regard to the treatment of trade in goods among countries. Article 1 of the GATT, states that any advantage given by a contracting party to a product of another country, must be extended unconditionally to a like product of all other contracting parties. The above article is the most favoured nation principle. A second rule of…