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Treaty Shopping in International Investment Law$
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Jorun Baumgartner

Print publication date: 2016

Print ISBN-13: 9780198787112

Published to Oxford Scholarship Online: January 2017

DOI: 10.1093/acprof:oso/9780198787112.001.0001

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Understanding the Practice of Treaty Shopping

Understanding the Practice of Treaty Shopping

Chapter:
(p.7) 1 Understanding the Practice of Treaty Shopping
Source:
Treaty Shopping in International Investment Law
Author(s):

Jorun Baumgartner

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198787112.003.0002

Under the heading of Part I of the book, Chapter 1 lays the groundwork for the legal and policy discussions following in later chapters. The notion of ‘treaty shopping’—or corporate (re)structuring—not having a legally binding definition, the chapter explains where the notion comes from, elaborates a working definition for the purposes of the research, presents the different categories of treaty shopping examined in the research, and sets treaty shopping apart from forum shopping. It also explores the reasons for the occurrence of, and increase in, treaty shopping in international investment law, namely the proliferation of international investment agreements, the paradigm change from the protection of foreign investors through diplomatic protection to their direct right to sue host States, and the ease with which legal entities may nowadays be incorporated in many domestic jurisdictions, making corporate structuring or restructuring attractive.

Keywords:   corporate restructuring, diplomatic protection, direct standing, forum shopping, international investment agreements, mailbox company, nationality planning, shareholding, transfer of claims, treaty abuse

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