From Collision to Collaboration
Elgar International Investment Law series
Chapter 6: The Most-Favoured-Nation clause and intellectual property investments
The second obligation of non-discrimination imposed on Host States under international investment law is embedded in MFN clauses that, although not required under customary international law, ‘have formed part of international economic treaties for centuries’ and are ‘one of the . . . basic standards of pre-1914 International Economic Law [that] may have originated in Imperial grants of customs privileges to cities in the Holy Roman Empire’.
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