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Mgr. Martin Nováček

Master's thesis

The Maffezini Doctrine in the Light of the Most-Favoured-Nation

The Maffezini Doctrine in the Light of the Most-Favoured-Nation
Abstract:
According to the Maffezini doctrine a most favoured nation clause can extend to dispute resolution without explicitly stated intent of the contracting parties. It is nearly 17 years since the doctrine firstly emerged. Since then, a substantial case law and legal doctrine raised against the conclusions of the Maffezini doctrine objecting that it is in direct contradiction to the MFN standard as contained …more
Abstract:
According to the Maffezini doctrine a most favoured nation clause can extend to dispute resolution without explicitly stated intent of the contracting parties. It is nearly 17 years since the doctrine firstly emerged. Since then, a substantial case law and legal doctrine raised against the conclusions of the Maffezini doctrine objecting that it is in direct contradiction to the MFN standard as contained …more
 

Keywords

IIA BIT international investment agreements bilateral investment agreements investment arbitration most favoured nation treatment MFN dispute resolution discrimination Maffezini.
 
Language used: English
Date on which the thesis was submitted / produced: 31. 10. 2016
Identifier: https://is.muni.cz/th/jllgl/

Thesis defence

  • Date of defence: 19. 1. 2017
  • Supervisor: JUDr. Jiří Valdhans, Ph.D.
  • Reader: Mgr. Zdeněk Nový, Ph.D.

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Masaryk University

Faculty of Law

Master programme / field:
Law and Legal Science / Law

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