University of AmsterdamUniversity of AmsterdamUvA

  • Terms of use
  • Contact

UvA-DARE (Digital Academic Repository)

  • Home
  • Advanced Search
  • Browse
  • My selection

Search UvA-DARE

Author
S.W. Schill
Date
10-2017
Title
MFN Clauses as Bilateral Commitments to Multilateralism
Subtitle
A Reply to Simon Batifort and J. Benton Heath
Journal
American Journal of International Law
Volume | Issue number
111 | 4
Pages (from-to)
914-935
Document type
Article
Faculty
Faculty of Law (FdR)
Institute
Amsterdam Center for International Law (ACIL)
Abstract
Most-favored-nation (MFN) clauses have been included in international commercial treaties for many centuries. They also figure prominently as standard provisions in almost any international investment agreement (IIA). Their longstanding and widespread use notwithstanding, investment law doctrine and arbitral practice continue to struggle with the clauses’ application and interpretation, in particular as regards their scope of application. What Stanley Hornbeck observed more than one hundred years ago in this Journal, that “there appear[s] constant disagreements and ever-recurring irritation over what is the meaning and what are the obligations attaching to this or that [MFN] clause,” still characterizes the practice of investment tribunals and the literature on MFN clauses in IIAs today.
URL
go to publisher's site
Language
English
Permalink
http://hdl.handle.net/11245.1/238c898e-fa52-42b4-8db7-21aaae9813d1

Disclaimer/Complaints regulations

If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the material inaccessible and/or remove it from the website. Please Ask the Library, or send a letter to: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. You will be contacted as soon as possible.

PrintPrint this pageShareShare via emailShare on facebookShare on linkedinShare on twitter
  • University library
  • About UvA-DARE
  • Disclaimer
Copyright UvA 2014