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.
| ISBN: | 9789211128147 |
| Publication date: | 30th March 2011 |
| Author: | United Nations Conference on Trade and Development |
| Publisher: | United Nations Publications |
| Format: | Paperback |
| Pagination: | 141 pages |
| Series: | UNCTAD Series on Issues in International Investment Agreements II |
| Genres: |
International economics |
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.
Most-Favoured-Nation Treatment features in the following genres: International economics
Most-Favoured-Nation Treatment is available in Paperback
Most-Favoured-Nation Treatment was written by United Nations Conference on Trade and Development and published by United Nations Publications
Most-Favoured-Nation Treatment has 141 pages
Yes it is part of UNCTAD Series on Issues in International Investment Agreements II series