The most favored nation clause: A prospective analysis

Abstract

Research on the most favored nation clause is becoming more prevalent every day. The complexity of the relations of the States in the commercial and investment scenario makes it necessary to protect both the interests of the State and those of foreign investors. Therefore, in this essay the origins and subsequent evolution of the clause will be analyzed, which will make it possible to reflect on the need to articulate both interests, based on the improvement of the clause of the most favored nation of the agreements for the promotion and reciprocal protection of investments. For such purposes, some theoretical assumptions will be proposed that could contribute to the redesign of this standard.