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Reason: Under embargo until May 2020. After this date a copy can be supplied under Section 51(2) of the Australian Copyright Act 1968 by submitting a document delivery request through your library, or by emailing document.delivery@monash.edu

The Scope of Most-Favoured-Nation Clauses in International Investment Agreements

thesis
posted on 2019-05-21, 12:54 authored by TANJINA SHARMIN
International Investment Agreements (IIAs) frequently include Most-Favoured-Nation (MFN) clauses by which host states typically promise to accord beneficiary states, and their investors, treatment no less favourable than they accord third states and their investors. It is thought that MFN clauses multi-lateralise this area of law that is dominated by bilateral treaties, by allowing importation of more favourable provisions from other IIAs signed by the host state. The extent of this multi-lateralisation has generated controversy. This thesis examines the jurisprudence and arbitral decisions regarding MFN clauses. It argues that the multi-lateralisation scope of MFN clauses is very limited, if not unsustained.

History

Campus location

Australia

Principal supervisor

Emmanuel Tetteh Laryea

Additional supervisor 1

Lisa Spagnolo

Year of Award

2019

Department, School or Centre

Law

Course

Doctor of Philosophy

Degree Type

DOCTORATE

Faculty

Faculty of Law

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