kulawrKutafin Law ReviewKutafin Law Review2713-05252713-0533MSAL10.17803/2713-0533.2024.3.29.534-568kulawr-347Research ArticleSHANGHAI COOPERATION ORGANIZATIONChina and Shanghai Cooperation Organization: Reconsideration and Improvement of Multilateralizing Effect of Most Favored Nation Clause in BIThttps://orcid.org/0000-0003-0953-7560YanyanR.

Ren Yanyan, PhD, Assistant researcher

Shanghai

renyanyan@shupl.edu.cnhttps://orcid.org/0009-0001-1268-162XZhixinZh.

Zhao Zhixin, Master of International Law

Shanghai

asistoxin@163.comChina National Institute for SCO International Exchange and Judicial CooperationChinaShanghai University of Political Science and LawChina202417102024113534568Copyright © Yanyan R., Zhixin Z., 20242024Yanyan R., Zhixin Z.Yanyan R., Zhixin Z.Данная работа распространяется под лицензией Creative Commons Attribution 4.0.This work is licensed under a Creative Commons Attribution 4.0 License.https://kulawr.msal.ru/jour/article/view/347

Since the Maffezini case, debates upon the application of the Most-Favored-Nation (MFN) clause have never stopped. Research from the perspective of the Shanghai Cooperation Organization (SCO) can test the way for further advancement of this issue. The analysis on the international investment arbitration cases involving the SCO states may shed some light on the crucial point on dispute. At present, the bilateral investment treaties (BIT) between China and other states of the SCO are in an urgent need of renewal in order to meet the interests of deepening investment cooperation. Problems of fragmentation of the interpretation method and of unpredictability of the interpretation conclusion of the MFN clauses manifested in international investment disputes involving SCO states will provide concrete preventative suggestions on the updating of the wording of MFN clauses. Under SCO framework, the multilateral effect of the MFN clause can play a model role for other regional integration organizations to build an integrated and multilateral investment treatment system in the fragmented and bilateralism-based framework of international investment law, and in fact promote investment facilitation for regional organizations.

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The authors declare that there are no conflicts of interest present.