Treaty shopping in international investment law First Edition Baumgartner 0191090824 9780191090820

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Product details:

• ISBN 10: 0191090824
• ISBN 13:  9780191090820
• Author: Baumgartner

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?

Table of contents:

1. Understanding the Practice of Treaty Shopping

2. Is Anything Wrong with Treaty Shopping?

3. The Customary International Law Relative to Changes of Nationality

4. Jurisdiction Ratione Personae

5. Jurisdiction Ratione Materiae

6. Jurisdiction Ratione Temporis

7. Objections on Grounds of an Abuse of Rights or Abuse of Process

8. What States Can Do to Curb Treaty Shopping

9. The Role of the Principle of Good Faith in Treaty Shopping

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