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Treaty Shopping in International Investment Law - Oxford Scholarship Online
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Treaty Shopping in International Investment Law

Jorun Baumgartner

Abstract

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 a protected investor, or should tribunals ‘pierce its corporate veil’? Does an investor 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? These are ... More

Keywords: abuse of process, corporate restructuring, denial of benefits, dispute, good faith, investor, investment, mailbox company, nationality, treaty shopping

Bibliographic Information

Print publication date: 2016 Print ISBN-13: 9780198787112
Published to Oxford Scholarship Online: January 2017 DOI:10.1093/acprof:oso/9780198787112.001.0001

Authors

Affiliations are at time of print publication.

Jorun Baumgartner, author
works in the International Investment Agreements Section at UNCTAD