Permalien Export
Livre imprimé
Treaty shopping in international investment law
Auteur
Éditeur Oxford University Press
Année 2016
Exemplaires
Notices liées
Notice détaillée
Auteur
Titre
Treaty shopping in international investment law
Éditeur
Description
1 vol. (xxxviii-354 p.) ; 24 cm
Collection
Notes
Bibliogr. p. [331]-350. Index
Sujets
Classification Dewey
346.092
Contenu
Unserstanding the practice of treaty shopping ; Is anything wrong with treaty shopping? ; The customary international law relative to changes of nationality ; Jurisdiction 'Ratione Personae' ; Jurisdiction 'Ratione Materiae' ; Jurisdiction ' Ratione Temporis' ; Objections on grounds of an abuse of rights or abuse of process ; What states can do to curb treaty shopping ; The role of the principle of good faith in treaty shopping
Résumé
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. This book 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 investor's 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 --Flap cover
ISBN
978-0-19-878711-2
0-19-878711-1
Origine de la notice
Abes (SUDOC)
 

inMedia v4.4