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

Mgr. Martin Nováček

Master's thesis

Anotácia:

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 in the general corpus of the international investment law. This thesis aims to provide a satisfying answer to this question through establishment of the important friction points and thorough analysis of arguments on both sides of the discussion.

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 in the general corpus of the international investment law. This thesis aims to provide a satisfying answer to this question through establishment of the important friction points and thorough analysis of arguments on both sides of the discussion.

Keywords

IIA, BIT, international investment agreements, bilateral investment agreements, investment arbitration, most favoured nation treatment, MFN, dispute resolution, discrimination, Maffezini.

Jazyk práce: English

Datum vytvoření / odevzdání či podání práce: 31. 10. 2016

Obhajoba závěrečné práce

• Obhajoba proběhla 19. 1. 2017
• Vedúci: JUDr. Jiří Valdhans, Ph.D.
• Oponent: Mgr. Zdeněk Nový, Ph.D.

Masaryk University

Faculty of Law

Master programme / odbor:
Law and Legal Science / Law