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
Date of Publication
2018
Document Type
Master's Thesis
Degree Name
Juris Doctor
Subject Categories
Law
College
College of Law
Department/Unit
Law
Thesis Adviser
Victoria V. Loanzon
Abstract/Summary
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.
Abstract Format
html
Language
English
Format
Electronic
Accession Number
CDTG007488
Shelf Location
Archives, The Learning Common's, 12F Henry Sy Sr. Hall
Physical Description
1 computer optical disc; 4 3/4 in.
Keywords
Investments, Foreign--Law and legislation--Philippines; Favored nation clause--Philippines
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Recommended Citation
Pineda, J. D., & Hablado, L. L. (2018). 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. Retrieved from https://animorepository.dlsu.edu.ph/etd_masteral/7234
Embargo Period
11-25-2024
