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oapen-20.500.12657-76641
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oapen-20.500.12657-766412023-10-10T06:45:24Z The Interpretation and Application of the Most-Favored-Nation Clause in Investment Arbitration Wang, Anqi international investment arbitration Most-Favored-Nation clause procedural treaty standard substantive treaty standard treaty interpretation bic Book Industry Communication::L Law::LB International law::LBB Public international law bic Book Industry Communication::L Law::LB International law::LBB Public international law::LBBM International economic & trade law bic Book Industry Communication::L Law::LB International law::LBB Public international law::LBBM International economic & trade law::LBBM3 Investment treaties & disputes The open access publication of this book has been published with the support of the Swiss National Science Foundation. In The Interpretation and Application of the Most-Favored-Nation Clause in Investment Arbitration, Dr. Anqi Wang provides suggestions for MFN drafting in future international investment agreements (IIAs), as well as for MFN application by investor-state dispute settlement (ISDS) tribunals in case of ambiguity. Dr. Wang conducts a systemic review of MFN clause in history and maps all the relevant ISDS cases. She argues that ISDS tribunals should interpret the MFN clause according to the treaty text on a case-by-case basis, and that tribunals should also consider state consent as the foundation for the jurisdiction of international adjudication, current IIA reform, and essential treaty interpretive principles. 2023-10-09T12:26:41Z 2023-10-09T12:26:41Z 2022 book ONIX_20231009_9789004517899_35 9789004517899 9789004517882 https://library.oapen.org/handle/20.500.12657/76641 eng application/pdf n/a 9789004517899.pdf https://brill.com/display/title/62887 Brill Nijhoff 10.1163/9789004517899 10.1163/9789004517899 af16fd4b-42a1-46ed-82e8-c5e880252026 07f61e34-5b96-49f0-9860-c87dd8228f26 9789004517899 9789004517882 Swiss National Science Foundation (SNF) Nijhoff [...] Schweizerischer Nationalfonds zur Förderung der Wissenschaftlichen Forschung Swiss National Science Foundation open access
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OAPEN
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DSpace
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| language |
English
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| description |
The open access publication of this book has been published with the support of the Swiss National Science Foundation. In The Interpretation and Application of the Most-Favored-Nation Clause in Investment Arbitration, Dr. Anqi Wang provides suggestions for MFN drafting in future international investment agreements (IIAs), as well as for MFN application by investor-state dispute settlement (ISDS) tribunals in case of ambiguity. Dr. Wang conducts a systemic review of MFN clause in history and maps all the relevant ISDS cases. She argues that ISDS tribunals should interpret the MFN clause according to the treaty text on a case-by-case basis, and that tribunals should also consider state consent as the foundation for the jurisdiction of international adjudication, current IIA reform, and essential treaty interpretive principles.
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| title |
9789004517899.pdf
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| spellingShingle |
9789004517899.pdf
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| title_short |
9789004517899.pdf
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| title_full |
9789004517899.pdf
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| title_fullStr |
9789004517899.pdf
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9789004517899.pdf
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| title_sort |
9789004517899.pdf
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| publisher |
Brill
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| publishDate |
2023
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| url |
https://brill.com/display/title/62887
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| _version_ |
1799945240102043648
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