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Shaping Favour
The Historical Evolution of MFN Clauses
Series: - Queen Mary Studies in International Law, Volume: 60
Author:
Why can an investor today automatically acquire rights from a treaty its home State never signed? Arbitral tribunals and scholars have assumed the answer is obvious. In this work, you will see that it is not. Drawing on nine centuries of treaty practice â from medieval trade privileges to the ICJ and modern arbitration case law â this book reveals that the most-favoured-nation clause granted States a right to claim, not an automatic extension of rights. That conceptual leap emerged from the litigation needs of the 1950s. If you have to interpret MFN clauses, be it for litigation or study purposes, this book changes what you think they mean.
Dr Giammarco Rao is a Lecturer at the University of Westminster School of Law. His research centres on the theory of international arbitration, extending into public international law, international commercial and economic law, legal history, legal theory, and the study of legal argumentation.
This book is of interest to scholars and post-graduate students of international investment law, international economic law, treaty interpretation, and the history and theory of international law, as well as to academic institutes and law libraries serving these fields. It is equally relevant to practitioners â counsel, arbitrators, and government legal advisers â engaged in investment treaty arbitration and treaty drafting, for whom the interpretation of most-favoured-nation clauses remains a relevant and contested issue. Legal historians and intellectual historians working on the history of commercial treaties and international legal concepts will find the historical research of particular value as well.
Areas: International Investment Law; International Arbitration; International Economic Law; Public International Law; Treaty Law and Interpretation; History of International Law; Legal History.
Areas: International Investment Law; International Arbitration; International Economic Law; Public International Law; Treaty Law and Interpretation; History of International Law; Legal History.