Putting the MFN Genie Back in the Bottle
In: AJIL Unbound, Jg. 112 (2018), S. 60-63
Online
academicJournal
Zugriff:
This essay underscores the importance of background understandings in general international law for interpreting brief, open-ended clauses such as most favored nation (MFN) clauses. Contrary to Simon Batifort and J. Benton Heath's claim, I suggest that often interpreters of MFN clauses cannot limit themselves to the text, context, and preparatory materials of a specific MFN clause. A common international negotiating technique, including for investment treaties, is to rely on the general background understanding of what a clause typically means in international law—its default meaning. I also argue that MFN clauses have played a surprisingly limited role in the international investment regime to date. In the main, they have functioned as a stepping stone for procedural and substantive guarantees found in third-party investment treaties. This use, and the limited role of MFN clauses in investment treaty awards, stands in sharp contrast to MFN clauses in the trade regime.
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Putting the MFN Genie Back in the Bottle
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Autor/in / Beteiligte Person: | Waibel, Michael |
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Zeitschrift: | AJIL Unbound, Jg. 112 (2018), S. 60-63 |
Veröffentlichung: | Cambridge University Press, 2018 |
Medientyp: | academicJournal |
ISSN: | 2398-7723 (print) |
DOI: | 10.1017/aju.2018.29 |
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