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Literatura académica sobre el tema "Most-Favoured Nation (MFN)"

Autor: Grafiati

Publicado: 4 de junio de 2021

Última modificación: 7 de febrero de 2022

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Artículos de revistas sobre el tema "Most-Favoured Nation (MFN)"

Rai, Sheela. "Antidumping Measures and the Most-favoured Nation Treatment Requirement". Foreign Trade Review 52, n.º 4 (13 de octubre de 2017): 233–46. http://dx.doi.org/10.1177/0015732516660795.

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Decision of the Appellate Body in two cases has raised the issue whether antidumping measures should be applied on MFN basis. One view is that it should be. Another view is that it need not be. Author supports the idea that it need not be but on arguments different from what is given by other writers. Author contends that interpretation of Article VI and Antidumping Agreement do not support the idea of application of antidumping measures on MFN basis.

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Mahardika, Robertus Bima Wahyu y Emmy Latifah. "VARYING APPLICATION OF MOST-FAVOURED-NATION PRINCIPLE IN INTERNATIONAL INVESTMENT TREATY". Yustisia Jurnal Hukum 7, n.º 2 (16 de septiembre de 2018): 392. http://dx.doi.org/10.20961/yustisia.v7i2.18542.

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<p>The aim of this study is to provide an academic framing of the philosophical foundation of the Most-favored-nation principle (MFN) in international investment law. The MFN principle is one of the most important principles in international law. In international investment law, MFN principle serves as a mechanism to create conditions in which foreign investors from many countries have equal opportunities to compete fairly in host country.</p><p> </p>

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Wüstenberg, Moritz. "Back to the Future: mfn Treatment in an Era of Protectionism". Nordic Journal of International Law 86, n.º 4 (8 de noviembre de 2017): 525–46. http://dx.doi.org/10.1163/15718107-08604004.

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Most favoured nation (mfn) clauses, extending the benefits of the most favoured nation to the treaty partner, have existed since at least the 11th century. From the 18th century on, mfn clauses were frequently included in trade agreements. The widespread use of the mfn principle has furthered the equal treatment of nations and created prosperity and peace. In the multilateral framework of the World Trade Organization (wto), the mfn principle is a cornerstone, with only few exceptions to it. This article reviews the development of the mfn clause in major trade agreements in relation to historical events from 1648 onwards. The aim of this study is to determine what the consequences of protectionism, measured by unequal treatment of trading partners and protectionist policies has been in the past.

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Rashid, Zahida y A. Z. Hilali. "Geo-Politics of Most Favoured Nation (MFN) Status under the WTO and Future of Trade between India-Pakistan". Liberal Arts and Social Sciences International Journal (LASSIJ) 4, n.º 1 (18 de septiembre de 2020): 54–65. http://dx.doi.org/10.47264/idea.lassij/4.1.6.

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This paper presents the impact of political decision on regional trade between India and Pakistan from the prospect of Pakistan Most Favoured Nation (MFN). The study is based on pre and post MFN status, which shows substantial evidence that Indian decision of declaring Pakistan as MFN in 1996 has shifted the dimension of trade in favour of India. The study is based on qualitative and descriptive analysis, which shows consumerism in Pakistan and its trend of Indian exports to Pakistan. The broad objective of study is aimed at analysing the possibility of trade between India and Pakistan under the world trading system. However, Pakistan exports to India are indifferent to Indian economic situation and Pakistan’s decision has insignificant impact on mutual trade. Thus, despite the volatile relationship, trade can play an important role for economic growth of Pakistan and the country can exploit the bigger market of India. Further, reduction in political tensions would eventually benefit both countries and means can generate larger benefits and trade facilitation measures. In this regard, trade routes should be opened, communications shall be restarted, and contracts should restore.

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Hekman, Rebecca, Nadège Huart y Janet Whittaker. "Menzies Middle East and Africa S.A. and Aviation Handling Services International Ltd. v. Republic of Senegal". World Trade Review 16, n.º 1 (19 de diciembre de 2016): 143–47. http://dx.doi.org/10.1017/s1474745616000483.

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In a case of first impression, a tribunal at the International Centre for Settlement of Investment Disputes (ICSID) rejected Claimants' novel legal argument that the Most Favoured Nation (MFN) clause in Article II of the World Trade Organisation's General Agreement on Trade in Services (GATS) enabled Menzies Middle East and Africa S.A. (MMEA) to access the offers to arbitrate under the Senegal–Netherlands and the Senegal–United Kingdom bilateral investment treaties (BITs).

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KIM, JONG BUM. "Entrenchment of regionalism: WTO legality of MFN clauses in preferential trade agreements for goods and services". World Trade Review 13, n.º 3 (31 de octubre de 2013): 443–70. http://dx.doi.org/10.1017/s1474745613000311.

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AbstractThe most favoured nation (MFN) clauses in preferential trade agreements (PTAs) under GATT Article XXIV or under GATS Article V entrench the preferential trade relations between the PTA parties because the trade liberalization in future PTAs with third parties will be constrained by the existing PTA MFN clauses. Trade liberalization based on PTA MFN clauses cannot be considered part of the internal trade liberalization required by GATT Article XXIV:8 or GATS Article V:1. The exclusionary effects caused by trade liberalization through PTA MFN clauses increase the burden on trade with third parties. As a result, PTA MFN clauses do not meet the necessity test under the Appellate Body's decision in Turkey–Textiles, as reasonable alternatives to the PTA MFN clauses are available. For these reasons, PTA MFN clauses fail the requirements for legal defences under GATT Article XXIV or GATS Article V for their violations of the general MFN clauses under GATT Article I and GATS Article II. For those products or services subject to existing PTA MFN clauses, any preferential liberalization based on PTA MFN clauses should be accorded non-discriminatorily to all WTO members in accordance with GATT Article I or GATS Article II.

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Tzanakopoulos, Antonios. "National Treatment and MFN in the (Invisible) EU Model BIT". Journal of World Investment & Trade 15, n.º 3-4 (28 de julio de 2014): 484–505. http://dx.doi.org/10.1163/22119000-01504007.

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This article discusses the potential provisions on national treatment and most-favoured-nation (mfn) treatment to be included in a future model bilateral investment treaty (bit) of the European Union (eu) against the background of the leaked draft text of the Canada-eu Comprehensive Economic and Trade Agreement (ceta) investment chapter. It concludes that the relevant eu treaty practice seems to be closer to investment protection models influenced by the North American Free Trade Agreement (nafta), such as those prevalent in the Canada and us Model bits, and that a future eu Model bit along these lines will depart significantly from the investment treaty practice of eu Member States.

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Hirsh, Bruce R. "The WTO Bananas Decision: Cutting Through the Thicket". Leiden Journal of International Law 11, n.º 2 (junio de 1998): 201–27. http://dx.doi.org/10.1017/s0922156598000168.

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The Bananas decision demonstrated that WTO dispute settlement panels and the Appellate Body are capable of effectively and clearly analyzing whether extremely complex measures are consistent with WTO rules. The trade-liberalizing decision established the General Agreement on Trade in Services (GATS) as a meaningful constraint on discriminatory measures with an impact on both goods and services and clarified the nature of the GATS Most-Favoured Nation (MFN) obligation. The decision also severely constrained the ability of the EU to justify non-tariff discriminatory measures such as the quota allocation system at issue in Bananas based on the Lomé waiver.

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Sharmin, Tanjina y Emmanuel Laryea. "Application of MFN to investment dispute settlement: rule of law issues". Journal of International Trade Law and Policy 20, n.º 1 (27 de enero de 2021): 21–41. http://dx.doi.org/10.1108/jitlp-05-2020-0031.

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Purpose Over the past two decades, the application of most-favoured-nation (MFN) clauses in international investment agreements (IIAs) to dispute settlement matters has generated controversy. The purpose of this paper is to help resolve some of the controversies by examining the rule of law issues that may arise from such application of MFN. Design/methodology/approach The study describes controversies regarding the application of MFN to dispute settlement as per the extant literature on the subject. It explores the elements of rule of law in investor-state arbitration. The paper then analyses the implications of applying MFN to dispute settlement matters for the elements of rule of law. Based on such analysis, the study argues that the application of MFN to dispute settlement matters undermines certain elements of rule of law. Findings The paper has outlined the relevant elements of rule of law in investor-state arbitration as access to dispute settlement; judicial (or tribunal) independence, fairness and impartiality; consistency and predictability of law and decisions; transparency; accountability and subjection of dispute forums and systems to law. It found that the application of MFN undermines various components of rule of law, in particular of consistency and predictability and the requirement of tribunals to adjudicate within the limits of the law. Originality/value The findings of this study will help future investor-state arbitral tribunals to decide on the application of MFN to dispute settlement matters.

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Shaul Hamid, Mohammed Faiz y Dr Mohamed Aslam. "Utilization of Preferential Tariff under ASEAN Free Trade Area (AFTA): Case of Malaysia". Journal of Global Economy 11, n.º 4 (31 de diciembre de 2015): 273–90. http://dx.doi.org/10.1956/jge.v11i4.413.

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Reducing numbers of tariff lines to 0% and increase in intra-regional trade are often indicators of success of ASEAN Free Trade Area (AFTA). With more members liberalizing their economies and actively reducing the Most Favoured Nation (MFN) rates, the preferential tariff under AFTA would have a minimal impact on trade patterns unless the preferential tariff treatment is effective. Based on the value of Certificate of Origin (COO) and its export to ASEAN countries, this paper plans to estimate and analyse the utilization of tariffs under AFTA in the case of Malaysia for the period of 2007-2011 to examine the effectiveness of preferential tariffs under AFTA. Analysis is expanded with a â€œMFN proxyâ€ by excluding Singapore. The results show that the utilization rates remain low and this suggests that preferential tariff rates are only used for the similar products and there will always be a limited level of utilization as some product lines were liberated under MFN tariffs.

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Más fuentes

Tesis sobre el tema "Most-Favoured Nation (MFN)"

Koch, Alexander. "The Interaction of Most-Favored-Nation (MFN) Clauses With Dispute Settlement Provisions in Investment Treaties : A New Continent to Discover?" Thesis, Stockholm University, Department of Law, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-7197.

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The master thesis provides a comprehensive and comparative analysis of the scope of most-favoured-nation clauses, focusing on the application of such clauses to dispute resolution mechanisms in bilateral investment treaty’s (BIT).

The ICSID decision in Maffezini was the first in a series to extend the scope of an MFN clause to dispute resolution in such context. Traditionally, such a clause had been relied on regarding substantive rights. The debate evoked by this and subsequent decisions of arbitral tribunals, which often conflict with each other in their outcome and in their analytic methodology, illustrates the controversy of this issue.

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Malmsten, Johan. "Informal Reliance on Previously Rendered Awards : An Efficient Means to Promote Consistency on the MFN Question?" Thesis, Uppsala universitet, Juridiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-205317.

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Lunani, Sadat Mulongo. "Understanding regionalisation and preferential relations in world trade law and policy: a perspective from the East African Community (EAC)". Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6793_1363787835.

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The rapid growth in the number of regional trade agreements (RTAs) has led to concern about the weakening of the multilateral trading system. This thesis examines the spread of such agreement and the extent to which they pose a threat to the multilateral system. Regionalism and multilateralism are complimentary as shown in the case study of the East African Community. The current regional trade agreement management rules are weak and ambiguous and possible amendments for these rules are proposed

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Libros sobre el tema "Most-Favoured Nation (MFN)"

Norah, Gallagher y Shan Wenhua. 4 Non-Discrimination Treatment. Oxford University Press, 2009. http://dx.doi.org/10.1093/law:iic/9780199230259.003.004.

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The non-discrimination principle is one of the fundamental principles underpinning international investment treaties. Its most common manifestations are the most-favoured-nation clause (MFN) and the national treatment (NT) clause. All Chinese BITs and FTAs have included some form of non-discrimination requirements—all of them have an MFN clause, whilst fewer than half of them also have an NT clause. This chapter deals with the two standards of non-discrimination treatment: most-favoured-nation treatment and national treatment. For each standard, the general meaning and application by arbitration tribunals of are analyzed. The particularities of such standard under Chinese investment treaties are then examined.

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Abby Cohen, Smutny, Polášek Petr y Farrell Chad. Part IV Guide to Key Substantive Issues, 23 The MFN Clause and Its Evolving Boundaries. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0023.

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This chapter discusses most-favoured-nation (MFN) clauses from early references in trade agreements to contemporary references in investor-state arbitrations. MFN clauses originated in early international trade practice and have continued to be incorporated in modern trade and investment treaties, both bilateral and multilateral. Their intended purpose is to lessen discrimination and encourage the growth of trade and foreign investment by ensuring that certain defined benefits accorded to one set of States (or their nationals, investments, goods, etc.) are extended to other States (or their nationals, investments, goods, etc.). In the investment treaty context, some commentators have observed that the right to a favourable dispute settlement mechanism is the primary concern of foreign investors, and investors often invoke MFN clauses to secure procedural rights that might otherwise be unavailable to them.

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Grosse Ruse-Khan, Henning. Intellectual Property and International Investment Agreements. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199663392.003.0007.

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This chapter examines selected issues on the scope of intellectual property (IP) protection under international investment law and contrasts this with the approach of the international IP system. It first reviews the extent to which IP amounts to a protected investment. The chapter then analyses the operation of national treatment and most favoured nation (MFN) in international investment agreements (IIAs) and international IP treaties. Some of the absolute standards of treatment owed by a host state to a foreign investor under most IIAs are examined in their application to IP rights. Finally, this chapter scrutinises the extent to which obligations from the international IP system can be subject to investor–state dispute settlement (ISDS).

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Norah, Gallagher y Shan Wenhua. 3 Fair And Equitable Treatment. Oxford University Press, 2009. http://dx.doi.org/10.1093/law:iic/9780199230259.003.003.

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Like other bilateral investment treaties (BITs), Chinese BITs establish a set of general standards of treatment accorded to foreign investors by the host state. The most commonly found general standards of treatment include fair and equitable treatment (FET), (full) protection and security (PNS), most favoured nation treatment (MFN), and national treatment (NT). The first two belong to the group of non-contingent standards (or so-called “absolute standard of treatment”), whilst the latter two are forms of contingent standards (or “relative standards of treatment”). Absolute standards do not depend on treatment granted to other investors. In contrast, the relative standards are contingent on treatment given to other categories of investors, nationals of the host state in the case of NT and investors from third states for the MFN. This chapter begins with an examination of the FET standard, focusing on the different approaches of interpretations that have been developed in theory and in arbitration practice. It then analyzes the standard under Chinese BITs and assesses the implications of its standard format and any variations.

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Reinisch, August. Introductory Note. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190848194.003.0034.

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In 2015, the jurisprudence of International Centre for Settlement of Investment Disputes (ICSID) tribunals and ad hoc committees largely followed established lines. However, the awards on jurisdiction in the Poštová banka and the Ping An cases evidenced very restrictive approaches to what is required in order to uphold jurisdiction over ICSID claims. On the substance of claims, the tribunals in Tidewater and in Quiborax reaffirmed the legality requirements of expropriations, a string of cases clarified the contours of the fair and equitable treatment standard, while the ad hoc committees in the Daimler and the Kılıç cases continued to diverge on the scope of most-favoured nation (MFN) clauses.

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Capítulos de libros sobre el tema "Most-Favoured Nation (MFN)"

Ziegler, Andreas R. "The Nascent International Law on Most-Favoured-Nation (MFN) Clauses in Bilateral Investment Treaties (BITs)". En European Yearbook of International Economic Law 2010, 77–101. Berlin, Heidelberg: Springer Berlin Heidelberg, 2009. http://dx.doi.org/10.1007/978-3-540-78883-6_4.

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Ziegler, Andreas R. "Most-Favoured-Nation (MFN) Treatment". En Standards of Investment Protection, 59–86. Oxford University Press, 2008. http://dx.doi.org/10.1093/acprof:oso/9780199547432.003.0004.

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Ezrachi, Ariel. "8. Horizontal and vertical agreements". En Competition and Antitrust Law: A Very Short Introduction, 74–87. Oxford University Press, 2021. http://dx.doi.org/10.1093/actrade/9780198860303.003.0009.

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‘Horizontal and vertical agreements’ explores the application of US and EU competition laws to horizontal and vertical agreements. Horizontal collaborations and agreements take place between companies at the same level of manufacturing, distribution, or retail. A horizontal cooperation agreement may include restrictions on companies’ freedom to compete on their operation, or may include provisions which facilitate exchange of sensitive information. It is worth considering information exchange agreements. Meanwhile, vertical agreements are agreements between companies operating at different levels of the production or distribution chain. Exclusive distribution agreements and most-favoured-nation clauses (MFN) illustrate the possible anti-competitive effects of vertical agreements.

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Cordonier Segger, Marie-Claire. "Normative Intersections of Trade, Investment and Sustainability Measures". En Crafting Trade and Investment Accords for Sustainable Development, 47–74. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198831341.003.0006.

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This chapter briefly discusses the three ‘key points of tension’ or normative effects identified between the demands of trade and investment agreements that focus mainly on economic growth, and regulations for the environmental and social development, including the efforts of States to comply with specific trade and investment obligations in other international treaties. These points of tension are described and illustrated with interesting examples. The first tension involves the concern that new trade liberalization obligations of non-discrimination and most-favoured nation (MFN) treatment and new investment liberalization obligations, in certain specific sectors, could prevent States from effectively enacting trade-related measures to prevent unsustainable development. A second tension involves concerns that through a new trade and investment agreement, there will be increased incentives for trade or investment-led economic growth, which can exacerbate environmental and social problems that already exist at the domestic level due to lack of enforcement of the law. The third tension involves concerns that application of trade or investment rules for liberalization will inadvertently support unsustainable growth in obsolete technologies and sectors.

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Cameron, Sim. "Part VI Emergency Arbitration in Investment Treaty Arbitration, 11 Emergency Arbitration in Investment Treaty Arbitration". En Emergency Arbitration. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198831051.003.0011.

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This chapter discusses emergency arbitration in the context of investor-State dispute settlement (ISDS), and specifically, investment treaty arbitration. The key distinction between emergency arbitration in commercial arbitration and in investment treaty arbitration concerns the application of the second principle of emergency arbitration, namely that the parties must consent to emergency arbitration. Several jurisdictional issues may arise in an investment treaty emergency arbitration, which will not arise in the commercial context. Aside from various preliminary issues, including whether the claimant is a qualifying investor with a protected investment under the applicable treaty, these include issues of State consent, the application of cooling-off periods, and the treatment of most-favoured-nation (MFN) clauses. In addition, the principles applicable in an emergency arbitration in the commercial context to the standards applied to determine the application, and the measures that the emergency arbitrator may impose, are equally applicable in the ISDS context. Finally, the same enforcement issues which arise for an emergency arbitration decision in the commercial context are likely to arise in the ISDS context, and concerns surrounding State sovereignty might also be invoked as an additional shield in enforcement proceedings.

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