Leveling the playing field: Proposed strategies for the proper invocation of the most-favoured-nation clause and the effective selection of the most favourable treatment in the Philippines for investment protection
Clicks: 3
ID: 286456
2018
Article Quality & Performance Metrics
Overall Quality
Not rated
Combines reader engagement with the AI quality analysis. This
article has not been analysed, so there is no overall score —
reader engagement is measured and shown alongside.
Reader Engagement
Popular Article
0.6
/100
3 views
0 readers
AI Quality Assessment
Not analyzed
Readership in this journal
PopularRanked #799 of 3,757 articles by views in Malay Journal
Most read
Least read
Bar heights use a square-root scale. Only the 120 most-read articles are drawn; the journal has 3,757 in total.
Mint this article as an NFT
Not yet mintedCreate a permanent, verifiable on-chain record of this article on the Scimatic Network. The NFT is held in your Journament account, and you can withdraw it to your own wallet at any time.
5
SUSD
one-off · no wallet required
Abstract
In the competitive world of trade and business, the Most-Favoured-Nation (“MFN”) clause is a shield against the perceived hazards of investing in a foreign country. Through the MFN clause, an investor may be assured that a developing economy such as the Philippines will “level the playing field” by according sufficient protection for foreign investments without discrimination. The invocation of the MFN clause, however, is cast with uncertainties brought by variances in interpretation, questions on applicability, and doubts of success.
This Study analyzes all currently available Philippine BITs in order to present how a top performing investor in the Philippines may invoke an MFN clause (Part I of Chapter IV). Guided by established rules and case laws in international investment law, it proposes third-party BITs with the most favourable standards of protection as regards fair and equitable treatment, umbrella clause, expropriation, and dispute settlement mechanisms (Part II of Chapter IV). It identifies limitations for an investor in the form of defenses that may be raised by the Philippines against the MFN claim (Part III of Chapter IV). In the process of analysis, this Study reveals trends and inconsistencies in international investment law. It concludes with a simple strategic process that is not only beneficial for the investor but also insightful for Tribunals and States.
| Reference Key |
persistent_1760658636_68f184cccece7
Use this key to autocite in the manuscript while using
SciMatic Manuscript Manager or Thesis Manager
|
|---|---|
| Authors | Hablado, Lalaine Jertrude Leyco |
| Journal | Malay Journal |
| Year | 2018 |
| DOI |
DOI not found
|
| URL | |
| Keywords | Keywords not found |
Citations
No citations found. To add a citation, contact the admin at info@scimatic.org
Comments
No comments yet. Be the first to comment on this article.