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Books > Law > International law > Public international law > Treaties & other sources of international law
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Treaty Shopping in International Investment Law (Hardcover)
Loot Price: R4,492
Discovery Miles 44 920
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Treaty Shopping in International Investment Law (Hardcover)
Series: International Economic Law Series
Expected to ship within 12 - 19 working days
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Treaty shopping, also known under the terms of nationality
planning, corporate (re-)structuring or corporate maneuvering,
implies a strategic change of nationality or strategic invocation
of another nationality with the aim of accessing another (usually
more favourable) investment treaty for purposes of investment
arbitration. When deciding on whether an investment claim based on
treaty shopping should be upheld or dismissed, investment arbitral
tribunals have been increasingly faced with significant questions,
such as: What is treaty shopping and how may legitimate nationality
planning be distinguished from treaty abuse in international
investment law? Should a claimant that is controlled by a
host-State national be considered a protected investor, or should
tribunals pierce its corporate veil? Does an investor have to make
the investment in good faith, and does it have to make a
contribution of its own to the investment it is claiming protection
for? When does a corporate restructuring constitute an abuse of
process, and which is the role of the notion of dispute in this
respect? How efficient are denial of benefits clauses to counter
treaty shopping? Treaty Shopping in International Investment Law
examines in a systematic manner the practice of treaty shopping in
international investment law and arbitral decisions that have
undertaken to draw this line. While some legal approaches taken by
arbitral tribunals have started to consolidate, others remain
unsettled, painting a picture of an overall inconsistent
jurisprudence. This is hardly surprising, given the thousands of
international investment agreements that provide for the investors
right to sue the host State on grounds of alleged breaches of
investment obligations. This book analyses and discusses the
different ways by which arbitral tribunals have dealt with the
value judgment at the core of the distinction between objectionable
and unobjectionable treaty shopping, and makes proposals de lege
ferenda on how States could reform their international investment
agreements (in particular with respect to treaty drafting) in order
to make them less susceptible to the practice of treaty shopping.
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