The interpretation and application of the most-favored-nation clause in investment arbitration


by Anqi Wang.
Bok Engelsk 2022

engelsk


    Omfang
    313 pages.
    Opplysninger
    Introduction -- History of the MFN Clause in International Law -- Interpretation of the MFN Clause -- Applying the MFN Clause for higher substantive treatment -- Applying the MFN Clause to avoid procedural preconditons -- Applying the MFN Clause to avoid jurisdictional obstacles -- Conclusion.. - "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. "--editor.
    Dewey
    ISBN
    90-04-51789-8

    Bibliotek som har denne