Toward Uniformly Accepted Principles for Interpreting MFN Clauses
Home > Toward Uniformly Accepted Principles for Interpreting MFN Clauses
Toward Uniformly Accepted Principles for Interpreting MFN Clauses

Toward Uniformly Accepted Principles for Interpreting MFN Clauses


     0     
5
4
3
2
1



International Edition


About the Book

How fair is the most-favored-nation (MFN) principle as applied in the real world? Although international jurisprudence and tribunals typically tend to safeguard the sovereignty of the host State at the expense of foreign investor protection, the author of this meticulously researched study demonstrates that in fact such an approach is not warranted under international law rules on the interpretation of treaties. Based on the history of most-favored-nation clauses (MFNCs) and applicable treaty and customary international law, this book advances a set of principles that should guide international courts and tribunals when interpreting MFNCs.

In a comprehensive study of all publicly available international cases relating to MFNCs, the study highlights the various legal interpretive theories that have arisen. In the process, the author achieves such groundbreaking insights as the following:

  • shatters commonly held misconceptions about the investor-State regime and the misguided belief that States are at a disadvantage in the investor-State dispute settlement system;
  • challenges the conception that interpretation and application of MFNCs by investment tribunals give rise to a claim of infringement of State sovereignty; and
  • puts to test the widely held conception that international tribunals' interpretation of MFNCs has led to an incoherent, inconsistent, and unpredictable international arbitration regime.

The substantive analysis in the book focuses on the debate about misapplication of the Vienna Convention on the Law of Treaties and other interpretive theories by tribunals and examines jurisdictional and substantive issues involving MFNCs.

With its emphasis on the functional benefits of greater uniformity in investor-State jurisprudence, and its research-based promotion of consistency and coherence, this book provides a definitive overview of the complex ambiguities surrounding MFNCs. It will be welcomed by investors, State policymakers, relevant international organizations, arbitrators and other practitioners, academics, and all parties advocating reform in the investor-State dispute settlement regime.


Best Sellers



Product Details
  • ISBN-13: 9789403532738
  • Publisher: Kluwer Law International
  • Binding: Hardback
  • Language: English
  • Returnable: Y
  • Sub Title: Striking a Balance Between Sovereignty and the Protection of Investors
  • Width: 156 mm
  • ISBN-10: 9403532734
  • Publisher Date: 07 Jun 2021
  • Height: 234 mm
  • No of Pages: 688
  • Spine Width: 37 mm
  • Weight: 1178 gr


Similar Products

Add Photo
Add Photo

Customer Reviews

REVIEWS      0     
Click Here To Be The First to Review this Product
Toward Uniformly Accepted Principles for Interpreting MFN Clauses
Kluwer Law International -
Toward Uniformly Accepted Principles for Interpreting MFN Clauses
Writing guidlines
We want to publish your review, so please:
  • keep your review on the product. Review's that defame author's character will be rejected.
  • Keep your review focused on the product.
  • Avoid writing about customer service. contact us instead if you have issue requiring immediate attention.
  • Refrain from mentioning competitors or the specific price you paid for the product.
  • Do not include any personally identifiable information, such as full names.

Toward Uniformly Accepted Principles for Interpreting MFN Clauses

Required fields are marked with *

Review Title*
Review
    Add Photo Add up to 6 photos
    Would you recommend this product to a friend?
    Tag this Book Read more
    Does your review contain spoilers?
    What type of reader best describes you?
    I agree to the terms & conditions
    You may receive emails regarding this submission. Any emails will include the ability to opt-out of future communications.

    CUSTOMER RATINGS AND REVIEWS AND QUESTIONS AND ANSWERS TERMS OF USE

    These Terms of Use govern your conduct associated with the Customer Ratings and Reviews and/or Questions and Answers service offered by Bookswagon (the "CRR Service").


    By submitting any content to Bookswagon, you guarantee that:
    • You are the sole author and owner of the intellectual property rights in the content;
    • All "moral rights" that you may have in such content have been voluntarily waived by you;
    • All content that you post is accurate;
    • You are at least 13 years old;
    • Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
    You further agree that you may not submit any content:
    • That is known by you to be false, inaccurate or misleading;
    • That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
    • That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
    • That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
    • For which you were compensated or granted any consideration by any unapproved third party;
    • That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
    • That contains any computer viruses, worms or other potentially damaging computer programs or files.
    You agree to indemnify and hold Bookswagon (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.


    For any content that you submit, you grant Bookswagon a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell, transfer, and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. Additionally,  Bookswagon may transfer or share any personal information that you submit with its third-party service providers, including but not limited to Bazaarvoice, Inc. in accordance with  Privacy Policy


    All content that you submit may be used at Bookswagon's sole discretion. Bookswagon reserves the right to change, condense, withhold publication, remove or delete any content on Bookswagon's website that Bookswagon deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use.  Bookswagon does not guarantee that you will have any recourse through Bookswagon to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Bookswagon reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not Bookswagon, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Bookswagon, its agents, subsidiaries, affiliates, partners or third party service providers (including but not limited to Bazaarvoice, Inc.)and their respective directors, officers and employees.

    Accept

    New Arrivals



    Inspired by your browsing history


    Your review has been submitted!

    You've already reviewed this product!