Suchergebnisse

Most favoured nation (mfn) clauses, extending the benefits of the most favoured nation to the treaty partner, have existed since at least the 11th century. From the 18th century on, mfn clauses were frequently included in trade agreements. The widespread use of the mfn principle has furthered the equal treatment of nations and created prosperity and peace. In the multilateral framework of the World Trade Organization (wto), the mfn principle is a cornerstone, with only few exceptions to it. This article reviews the development of the mfn clause in major trade agreements in relation to historical events from 1648 onwards. The aim of this study is to determine what the consequences of protectionism, measured by unequal treatment of trading partners and protectionist policies has been in the past.

The continual availability of energy is economically and socially essential, but is primarily reliant on private operators and investments to be maintained and developed. Investments in the energy sector are typically highly capital intensive and require long payback periods. This in turn calls for legal and regulatory stability for such investments by the legislator. While changes to laws are inevitable, such changes should be implemented prospectively and take into account the legitimate expectations attached to existing investments. In this article we analyse the recent practice of the EU to retrospectively apply legal rules in the energy sector. Our research shows that it has been common practice of the EU to grant transitional periods and grandfathering rights to allow market participants to adapt to the 'new rules of the game'. However, while this represents common practice, our research shows that this practice is applied with discretion and can even be misused in the pursuit of political objectives, violating established legal principles including legitimate expectations and legal certainty. ; Peer reviewed