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Most-Favoured-Nation Treatment

A Sequel

  • Author: UNCTAD
  • Publication date: February 2011
  • Page count: 158
  • Language(s) in this book: English
  • Sales number: 10.II.D.19

Available Formats

ISBN: 9789210549356

About the product

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 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.