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Treaty Shopping in International Investment Law
Jorun Baumgartner
€ 208.38
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Description for Treaty Shopping in International Investment Law
Hardcover. Analysing how arbitral tribunals have dealt with the value judgment at the core of the distinction between 'objectionable' and 'unobjectionable' treaty shopping, this book suggests how States could reform their international investment agreements in order to make them less susceptible to the practice of treaty shopping. Series: International Economic Law Series. Num Pages: 400 pages. BIC Classification: LBBC; LBBM; LBHT. Category: (P) Professional & Vocational; (U) Tertiary Education (US: College). Dimension: 168 x 241 x 31. Weight in Grams: 756.
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 ... Read more
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 ... Read more
Product Details
Format
Hardback
Publication date
2016
Publisher
Oxford University Press United Kingdom
Number of pages
400
Condition
New
Series
International Economic Law Series
Number of Pages
400
Place of Publication
Oxford, United Kingdom
ISBN
9780198787112
SKU
V9780198787112
Shipping Time
Usually ships in 5 to 9 working days
Ref
99-12
About Jorun Baumgartner
Jorun Baumgartner works in the International Investment Agreements Section of the Division on Investment and Enterprise at the UN Conference on Trade and Development (UNCTAD). Admitted to the bar in Germany, she previously worked as a corporate lawyer in Germany, as a legal advisor at the International Committee of the Red Cross in Geneva and as a research fellow at ... Read more
Reviews for Treaty Shopping in International Investment Law
To my knowledge, Dr Jorun Baumgartner's Treaty Shopping in International Investment Law is the first academic monograph published in English on the subject. Her book is a comprehensive and detailed account of every aspect of international investment law as it relates to treaty shopping. As a legal reference, it sets a new benchmark on this subject. It will be an ... Read more