News 01 May. 2018

AJIL Unbound Publishes Symposium on Simon Batifort and J. Benton Heath's Article on MFN Clauses

AJIL Unbound has published five essays commenting on the article that New York counsel Simon Batifort and J. Benton Heath recently published in the American Journal of International Law regarding the interpretation of Most-Favored-Nation (MFN) clauses in investment treaties. The symposium includes an introduction by Donald McRae and contributions by Andrea Bjorklund, Martins Paparinskis, Facundo Pérez-Aznar and Michael Waibel. Professor McRae notes: “While states, tribunals, and academics have been debating whether MFN clauses can be used to incorporate procedural provisions from other treaties, Batifort and Heath now launch a new debate on the hitherto uncontroversial assumption that MFN clauses can in fact import substantive provisions. . . . Batifort and Heath have not only raised a question about the use of MFN clauses to incorporate substantive provisions from other treaties, but they have also prompted a broader debate about the role and function of MFN clauses and their interpretation and application. The various commentaries in this symposium attest to the timeliness of the discussion and the significance of the issues raised.”

Professor McRae’s introduction to the symposium, which summarizes the various contributions, is available here.
Simon Batifort and J. Benton Heath’s article is available here.