Chapter 8: SUBSTANTIVE PROTECTION (2): NON-DISCRIMINATION STANDARDS
This chapter describes the two main clauses of protection of foreign investment based on non-discrimination, namely the national treatment and the most-favoured nation clauses. Although they share common features, most of the issues they raise are different enough to justify a separate treatment. The questions of the comparability of situations, the meaning of ‘no-less favourable treatment’ and the scope of both provisions are explored. As regards the most-favoured nation clause in particular, the question of its extension to settlement of disputes (or limitation to substantive provision) is of course addressed.
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