- Table of Cases
- Table of International Treaties and Conventions
- Table of Rules and Resolutions
- Table of Legislation
- List of Contributors
- Policy Issues
- Investment, Investor, Nationality, and Shareholders
- Applicable Law
- Multilateral Investment Rules Revisited
- Interactions Between Investment and Non-investment Obligations
- Trade and Investment
- Admission and Establishment
- Standards of Treatment
- Coverage of Taxation Under Modern Investment Treaties
- Most-Favoured-Nation Treatment
- Emergency Exceptions: State of Necessity and <i>Force Majeure</i>
- Investment Insurance
- State Responsibility and Attribution
- Regulatory Transparency
- Corporate Social Responsibility
- Methods of Dispute Resolution
- Procedural Transparency
- Independence, Impartiality, and Duty of Disclosure of Arbitrators.
- Consent to Arbitration
- Jurisdiction and Admissibility
- The Jurisdictional Threshold of a Prima-Facie Case
- The Relationship between International Tribunals and Domestic Courts
- Parallel Proceedings
- Compensation, Damages, and Valuation
- Review of Awards
- An Appellate System in International Investment Arbitration?
- Compliance and Enforcement
- A Doctrine of Precedent?
- Tribunal's Powers versus Party Autonomy
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.
Pia Acconci, Associate Professor of European Union Law and International Law, University of Teramo, Italy.
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