"SUBSTANTIVE PROTECTION (2): NON-DISCRIMINATION STANDARDS" [2020] ELECD 453; in de Nanteuil, Arnaud (ed), "International Investment Law" (Edward Elgar Publishing, 2020) 256

Book Title: International Investment Law

Editor(s): de Nanteuil, Arnaud

Publisher: Edward Elgar Publishing

Section: Chapter 8

Section Title: SUBSTANTIVE PROTECTION (2): NON-DISCRIMINATION STANDARDS

Number of pages: 26

Abstract/Description:

This chapter describes the two main clauses of protection of foreign investment based on non-discrimination, namely the national treatment and the most-favoured nation clauses. Although they share common features, most of the issues they raise are different enough to justify a separate treatment. The questions of the comparability of situations, the meaning of ‘no-less favourable treatment’ and the scope of both provisions are explored. As regards the most-favoured nation clause in particular, the question of its extension to settlement of disputes (or limitation to substantive provision) is of course addressed.