| 期刊全称 | Application of Most-Favoured-Nation Clauses by Investor-State Arbitral Tribunals | | 期刊简称 | Implications for the | | 影响因子2023 | Tanjina Sharmin | | 视频video | | | 发行地址 | Comprehensively discusses issues related to the scope of MFN clauses in IIAs.Analyses all publicly available arbitral decisions on the application of MFN clauses to substantive, procedural, and jurisd | | 学科分类 | International Law and the Global South | | 图书封面 |  | | 影响因子 | .This book comprehensively examines various issues regarding the scope of Most-Favoured Nation (MFN) Clauses in International Investment Agreements (IIAs), and addresses the reform, interpretation, and enforcement of IIAs with a specific focus on the MFN clause. The book begins with a study of the history and evolution of the MFN. It then presents a substantive analysis focusing on the drafting style and how it affects the scope of the MFN; rules of interpretation and arbitral case law on the scope of the MFN, procedural prerequisites to arbitration and jurisdiction of arbitral tribunals, and the implications of adopting an expansive approach to the MFN clause. .The book’s argument centres on the need for arbitral tribunals to interpret the MFN in a manner that reflects the expressed intent of the parties. This requires taking into consideration the text of the MFN, its purpose, and the overall context of the IIA, rather than relying on values and assumptions that have nothingto do with the original intent of the parties. In making this argument, the book draws on Articles 31 and 32 of the Vienna Convention on the Law of Treaties and other interpretative rules. What sets the book a | | Pindex | Book 2020 |
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发表于 2025-3-21 19:29:10
