The Interpretation and Application of the Most-Favored-Nation Clause in Investment Arbitration / Anqi Wang.
Material type:
TextLanguage: English Series: International Law E-Books Online, Collection 2023 | World Trade Institute Advanced Studies ; 12.Publisher: Leiden ; Boston : Brill | Nijhoff, 2022Copyright date: ©2022Description: 1 online resourceContent type: - text
- computer
- online resource
- 9789004517882
- 9789004517899
- 346/.092 23
- K4600
Includes bibliographical references and index.
Preliminary Material / Anqi Wang -- Copyright / Anqi Wang -- Acknowledgements / Anqi Wang -- Abbreviations / Anqi Wang -- Introduction / Anqi Wang -- Chapter 1 History of the MFN Clause in International Law / Anqi Wang -- Chapter 2 Interpretation of the MFN Clause / Anqi Wang -- Chapter 3 Applying the MFN Clause for Higher Substantive Treatment / Anqi Wang -- Chapter 4 Applying the MFN Clause to Avoid Procedural Preconditons / Anqi Wang -- Chapter 5 Applying the MFN Clause to Avoid Jurisdictional Obstacles / Anqi Wang -- Chapter 6 Conclusion / Anqi Wang -- Bibliography / Anqi Wang -- Table of Materials / Anqi Wang -- Index / Anqi Wang.
The open access publication of this book has been published with the support of the Swiss National Science Foundation. In The Interpretation and Application of the Most-Favored-Nation Clause in Investment Arbitration , Dr. Anqi Wang provides suggestions for MFN drafting in future international investment agreements (IIAs), as well as for MFN application by investor-state dispute settlement (ISDS) tribunals in case of ambiguity. Dr. Wang conducts a systemic review of MFN clause in history and maps all the relevant ISDS cases. She argues that ISDS tribunals should interpret the MFN clause according to the treaty text on a case-by-case basis, and that tribunals should also consider state consent as the foundation for the jurisdiction of international adjudication, current IIA reform, and essential treaty interpretive principles.
English
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