Research On The Application Of MFN Clause In Bilateral Investment Procedural Issues

MFN(Most-favored-nation) clause is mostly applied to the substantive problem.But in recent years,so many foreign investors tried to use MFN clause to settle dispute settlement mechanisms stipulated in the treaties with a third state,in order to enlarge the application scope of MFN clause to procedural matters.And in arbitral practice of international investment,some international tribunals had enlarged the application scope of MFN clause.In this case, it is very important to discuss if MFN clause can be applied to dispute settlement matters in bilateral investment and how China can settle the problem.In this thesis,the writer makes the historical analysis of the background and develop history of the emergence of MFN clause, and does the empirical analysis of the rationale for applying the MFN clause to the bilateral investment procedural issues by analysising some relegent cases , and finally gives China some sound suggestions to cope with the problem. The thesis incledes four parts:Part one: outline of MFN. This part introduces the develop history and definition of MFN, and then gets to the points of the application conditions and exceptions of MFN clause.Part two:MFN clause's practice of application in bilateral investment dispute settlement.In the long-term contracting practice,the countries only stipulate MFN clause is only applied to substantive problems,but they do not made clear stipulations on if MFN clause can be applied to procedural problem.In international investment treaties, the application scope of MFN clauses is ambiguous,so it draws a lot of problems.Then the thesis focuses on the typical cases both before and after Maffezini v. Spain to help illustrate the problem.Part three: clarifies present situation of China's MFN clauses and analysis the potential influences of MFN.Part four: possible countermeasures. In this part, the writer stands in China's view and gives some suggestions for China to cope with the situation that MFN is applied to bilateral investment dispute settlement.