AN EMPIRICAL ANALYSIS ON THE MOST FAVOURED TREATMENT AND INVESTMENT NOMENCLATURES: A FOCUS ON TREATY-BASED CASES FOR TANZANIA
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https://doi.org/10.55662/Abstract
In the framework of international investment law, the beneficiary of the most-favoured nation clause is the investor. However, it could be imperative to differentiate between Most Favoured Nation and Most Favoured Nation Treatment. In that vein, A most-favoured-nation clause is a treaty provision whereby a State undertakes an obligation towards another State to accord most-favoured-nation treatment in an agreed sphere of relations, whereas Most-favoured-nation treatment is treatment accorded by the granting State to the beneficiary State, or to persons or things in a determined relationship with that State, not less favourable than treatment extended by the granting State to a third State or to persons or things in the same relationship with that third State. This paper therefore, analyses the rationale of using most. favoured nation treatment in Tanzania where there are economic and legal variances, and it further, shows how, MFN could be interpreted by the courts focusing on Tanzanian treaty investment framework.
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