Application of Most-Favoured-Nation Clauses by Investor-State Arbitral Tribun...

by Tanjina Sharmin

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Application of Most-Favoured-Nation Clauses by Investor-State Arbitral Tribunals : Implications for the Developing Countries, Hardcover by Sharmin, Tanjina, ISBN 9811537291, ISBN-13 9789811537295, Like New Used, Free shipping in the US 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. Th 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. Th’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 nothing to do with the original intent of the parties. In making this argument, th draws on Articles 31 and 32 of the Vienna Convention on the Law of Treaties and other interpretative rules. What sets th apart is its comprehensive coverage of issues concerning the interpretation and applicatio

• Publisher: Springer
• Year: 2020
• Binding: Hardcover
• ISBN: 9789811537295
• Condition: Fine

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