Introduction

According to the International Law Commission's (ILC's) Articles on Most Favored Nation Clauses (MFNC), "MFN treatment" is a treatment, which is no less favorable in comparison, granted by a state to persons or things in a determined relationship with that state. MFNC allows more disadvantaged states to obtain rights they would otherwise not receive during treaty negotiations. The principle of non-discrimination, however, does not prohibit states from providing privileged treatment to one state to the exclusion of others. A study of ICSID cases indicates investment tribunals ...