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Mr. Donald Malcolm McRae

Mr. Donald M. McRae
Hyman Soloway Professor of Law
University of Ottawa

Biography Biography in PDF

International Economic Law
Foreign Investment
The Work of the International Law Commission on the "Most-Favoured-Nation" Clause
This lecture traces the past work of the ILC on the MFN clause. It considers the changes that have taken place since the completion of draft articles in 1978 and outlines some of the issues that the ILC will have to address in taking up this topic again.

Video   (49 minutes)
International Economic Law
Foreign Investment
The Work of the International Law Commission on the
"Most-Favoured-Nation" Clause
A. Legal Instruments
General Agreement on Tariffs and Trade, Geneva, 30 October 1947, United Nations, Treaty Series, vol. 55, p. 187.

Vienna Convention on Diplomatic Relations, Vienna, 18 April 1961, United Nations, Treaty Series, vol. 500, p. 95.

Convention on the Settlement of Investment Disputes between States and Nationals of Other States, Washington, 18 March 1965, United Nations, Treaty Series, vol. 575, p. 159.

International Law Commission, Draft Articles on the Law of Treaties, 1966.

Vienna Convention on the Law of Treaties, Vienna, 23 May 1969, United Nations, Treaty Series, vol. 1155, p. 331.

International Law Commission, Draft Articles on Most-Favored-Nation Clauses, 1978.

Marrakesh Agreement establishing the World Trade Organization (with final act, annexes and protocol), Marrakesh, 15 April 1994, United Nations, Treaty Series, vol. 1867, p. 3.
B. Jurisprudence
International Court of Justice, Anglo-Iranian Oil Co. case, Jurisdiction, Judgment of
22 July 1952, I.C.J. Reports 1952, p. 93.

International Court of Justice, Case concerning rights of Nationals of the United States of America in Morocco, Judgment of 27 August 1952, I.C.J. Reports 1952, p. 176.

Commission of Arbitration, The Ambatielos Claim (Greece, United Kingdom of Great Britain and Northern Ireland), Award of 6 March 1956, Reports of International Arbitral Awards, vol. XII, p. 83.

International Centre for the Settlement of Investment Disputes Tribunal, Emilio Agustín Maffezini v. the Kingdom of Spain, Award of 13 November 2000, ARB/97/7.
C. Documents
First report on the most-favoured-nation clause by Mr. Endre Ustor, Special Rapporteur (A/CN.4/213, reproduced in Yearbook of International Law Commission, 1969, vol. 2, p. 157).

Second report on the most-favoured-nation clause by Mr. Endre Ustor, Special Rapporteur (A/CN.4/228 and Add.1, reproduced in Yearbook of International Law, 1970, vol. 2, p. 199).

Third report on the most-favoured-nation clause by Mr. Endre Ustor, Special Rapporteur (A/CN.4/257 and Add.1., reproduced in: Yearbook of International Law, 1972, vol. 2, p. 161).

Fourth report on the most-favoured-nation clause by Mr. Endre Ustor, Special Rapporteur (A/CN.4/266, reproduced in Yearbook of International Law, 1973, vol. 2, p. 97).

Fifth report on the most-favoured-nation clause by Mr. Endre Ustor, Special Rapporteur (A/CN.4/280, reproduced in Yearbook of International Law, 1974, vol. 2(1), p. 117).

Sixth report on the most-favoured-nation clause by Mr. Endre Ustor, Special Rapporteur (A/CN.4/286 and Corr.1, reproduced in Yearbook of International Law, 1975, vol. 2, p. 1).

Seventh report on the most-favoured-nation clause by Mr. Endre Ustor, Special Rapporteur (A/CN.4/293 and Add.1, reproduced in Yearbook of International Law, 1976, vol. 2(1), p. 111).

General Assembly resolution 31/98 of 15 December 1976 (Arbitration Rules of the United Nations Commission on International Trade Law).

Eighth report on the most-favoured-nation clause by Mr. Nikolai A. Ushakov, Special Rapporteur (A/CN.4/309 and Add.1 and 2, reproduced in Yearbook of International Law, 1978, vol. 2(1), p. 1).

World Trade Organization, European Communities - Regime for the Importation, Sale and Distribution of Bananas, Appellate Body Report of 9 September 1997, WT/DS27/AB/R.

Report of the Study Group of the International Law Commission, Finalized by Mr. M. Koskenniemi, “Fragmentation of International Law: Difficulties Arising from the Diversification and Expansion of International Law” (A/CN.4/L.702, 18 July 2006).
D. Additional References