Most-favoured-nation treatment (United Nations, 2010)
"A sequel"--Cover. - "UNCTAD/DIAE/IA/2010/1"-- Page [4] of cover. - "United Nations publications sales no. E.10.II.D.19"--Page [4] of cover. - "Cases and arbitral awards:" pages 125-128
Paralleltitel: Most-favoured-nation treatment: a sequel
Includes bibliographical references (pages [119]-123)
Introduction -- Explanation of the issue. Historical context ; Definition, purpose and scope of MFN treatment clauses ; Legal nature of an MFN treatment clause -- Stocktaking and analysis. Scope of application of MFN treatment in IIAs ; MFN and the importing of substantive protection provisions from other IIAs ; MFN and the importing of procedural provisions from other IIAs ; A reaction by states entering into investment agreements : narrowing the scope of an MFN clause -- Assessment and policy options. Implications for negotiators and policy-makers when considering their MFN treatment policies ; Policy options
"The paper contains an explanation of MFN treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization 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-State cases."--Provided by publisher