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date: 15 September 2019

Abstract and Keywords

The two typical non-discriminatory treatment standards, that is most-favoured-nation and national treatment, are usually included in international treaties, whether bilateral or multilateral, concluded in the field of foreign investment. As is well known, the most-favoured-nation standard takes the rights granted by the host state to foreign investors of other countries as a benchmark, whereas under the national treatment standard the foreign investor is entitled to be treated as a host state national would be. This article assesses how the most-favoured nation treatment standard has come to be regularly included in international instruments and treaties concerning foreign investment. It examines the relevant cases that have, inter alia, dealt with claims for applying such a standard differently from what many states and scholars were expecting. It then evaluates whether or not this case-law is actually altering the present international scenario for foreign investment.

Keywords: non-discriminatory treatment standards, most-favoured-nation standard, international treaties, foreign investment, national treatment standard, international scenario

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