Study on the Applicability of Most-Favored-Nation clause in Investor-State Dispute Settlement under Chinaʼs BIT

2019 ◽  
Vol 10 (1) ◽  
pp. 117-133
Author(s):  
Man Zhang ◽  
Hyun-Soo Ha
Keyword(s):  
Dispute Settlement ◽  
Most Favored Nation ◽  
Most Favored Nation Clause

CHINESE PUZZLE: ANATOMY OF THE (INVISIBLE) BELT AND ROAD INVESTMENT TREATY1

2020 ◽  
Vol 23 (1) ◽  
pp. 245-269 ◽  
Author(s):  
Julien Chaisse ◽  
Jamieson Kirkwood
Keyword(s):  
International Economic ◽  
Dispute Settlement ◽  
Belt And Road Initiative ◽  
Bilateral Investment Treaties ◽  
Most Favored Nation ◽  
Investment Treaty ◽  
International Economic Law ◽  
Belt And Road ◽  
Most Favored Nation Clause ◽  
The Belt And Road

Abstract This article makes a major contribution to the emerging Belt and Road Initiative scholarship (and international economic law) by highlighting that (i) China’s existing investment treaty network along the Belt and Road is dated, (ii) many or most of those treaties include Most Favored Nation provisions, (iii) these treaties have hitherto been subject to a static three generations analysis which does not reflect the reality, and (iv) there is significant authority supporting the use of the Most Favoured Nation provisions by Chinese investors to upgrade the Belt and Road Initiative investment treaty network. This article demonstrates that an investment treaty for the Belt and Road Initiative already exists via the Most Favored Nation clause present in China’s bilateral investment treaties. Moreover, the article further identifies that China’s treaty network is unique (by being so extensive) and assesses the potential for investment claims in light of Belt and Road Initiative jurisdictions past involvements in Investor–State Dispute Settlement, and by doing so, the article sheds a new light on the predicted increased use of such procedure by Chinese investors.

Bilateral Treaties and The Most-Favored-Nation Clause: The Myth of Trade Liberalization in the Nineteenth Century

2008 ◽  
Vol 60 (2) ◽  
pp. 147-188 ◽  
Author(s):  
Olivier Accominotti ◽  
Marc Flandreau
Keyword(s):  
International Trade ◽  
Trade Liberalization ◽  
Empirical Evidence ◽  
Trade Agreement ◽  
Trade Agreements ◽  
Point Of View ◽  
Most Favored Nation ◽  
The World ◽  
Most Favored Nation Clause ◽  
Bilateral Treaties

Textbook accounts of the Anglo-French trade agreement of 1860 argue that it heralded the beginning of a liberal trading order. This alleged success holds much interest from a modern policy point of view, for it rested on bilateral negotiations and most-favored-nation clauses. With the help of new data on international trade (the RICardo database), the authors provide empirical evidence and find that the treaty and subsequent network of MFN trade agreements coincided with the end of a period of unilateral liberalization across the world. They also find that it did not contribute to expanding trade at all. This is contrary to a deeply rooted belief among economists, economic historians, and political scientists. The authors draw a number of policy lessons that run counter to the conventional wisdom and raise skepticism toward the ability of bilateralism and MFN arrangements to promote trade liberalization.

The American Construction of the Most-Favored-Nation Clause

1913 ◽  
Vol 7 (4) ◽  
pp. 708-723
Author(s):  
Samuel B. Crandall
Keyword(s):  
United States ◽  
The Netherlands ◽  
The United States ◽  
The State ◽  
Most Favored Nation ◽  
Most Favored Nation Clause

In a communication to the Congress of the Confederation, February 20, 1787, the Netherlands minister protested against an Act of the legislature of the State of Virginia, which exempted French brandies imported in French and American vessels from certain duties to which like commodities imported in vessels of the Netherlands were left liable, as in contravention of the most-favored-nation clause in Article II of the treaty of 1782. This article provided that the subjects of the Netherlands should pay in the ports of the United States no other or greater duties or imposts of whatever nature or denomination than those which the nations the most favored were or should be obliged to pay; and that they should enjoy all the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce which the most favored nations did or should enjoy. The article contained no express qualification that the favor or privilege should be extended freely if freely given or for an equivalent if conditional.

American Treaty Provisions Relating to Consular Privileges and Immunities

1926 ◽  
Vol 20 (1) ◽  
pp. 81-102
Author(s):  
Irvin Stewart
Keyword(s):  
United States ◽  
The United States ◽  
Most Favored Nation ◽  
History Of ◽  
Entire History ◽  
Most Favored Nation Clause

Apparently no consistent effort has been made to secure a uniform schedule of consular privileges and immunities applicable to all of the states with which the United States has entered into treaty relations. In the entire history of the United States up to the present time there have been only sixteen consular conventions. Some 109 other treaties, however, have secured consular exemptions in varying degrees from many different nations; and the popular most-favored-nation clause has extended the schedule still further. One of the first treaties the United States entered into was a consular convention, that of 1788 with France, but the second consular convention did not come until over sixty years later. During the interval many provisions in commercial treaties had extended exemptions in various countries, so that by 1853 every one of the privileges which are in effect today had been inserted in at least one treaty, and some of them had been repeated many times.

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