Nalaganje...
Treaty shopping in international investment law /
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 purpos...
| Glavni avtor: | |
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| Format: | Printed Book |
| Jezik: | English |
| Izdano: |
Oxford :
Oxford University Press,
2016.
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| Serija: | International economic law series (Oxford, England)
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| Teme: |
| LEADER | 03077cam a2200349 i 4500 | ||
|---|---|---|---|
| 001 | 19219541 | ||
| 003 | Ost | ||
| 005 | 20180407211857.0 | ||
| 008 | 160805s2016 enk b 001 0 eng d | ||
| 999 | |c 11031 |d 11031 | ||
| 020 | |a 9780198787112 (cloth) | ||
| 020 | |a 0198787111 (cloth) | ||
| 082 | 0 | 0 | |a 346.092 |2 |b BAU'16 |
| 100 | 1 | |a Baumgartner, Jorun, |e author. | |
| 245 | 1 | 0 | |a Treaty shopping in international investment law / |c Jorun Baumgartner. |
| 260 | |a Oxford : |b Oxford University Press, |c 2016. | ||
| 300 | |a xxxviii, 354 p. |c | ||
| 490 | 1 | |a International economic law series | |
| 500 | |a Revision of the author's thesis (doctoral)--University of Lausanne, 2015 --Acknowledgements. | ||
| 504 | |a Includes bibliographical references (pages 331-350) and index. | ||
| 505 | 0 | |a 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. | |
| 520 | 8 | |a 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. | |
| 650 | 0 | |a Investments, Foreign (International law) | |
| 650 | 0 | |a Jurisdiction. | |
| 650 | 0 | |a Treaties. | |
| 650 | 0 | |a Conflict of laws. | |
| 650 | 7 | |a Investments, Foreign (International law) |2 fast | |
| 650 | 7 | |a Auslandsinvestition |2 gnd | |
| 650 | 7 | |a Doppelbesteuerung |2 gnd | |
| 830 | 0 | |a International economic law series (Oxford, England) | |
| 942 | |2 ddc |c REF | ||
| 952 | |0 0 |1 0 |2 ddc |4 0 |6 346_092000000000000_BAU16 |7 0 |8 REF |9 21443 |a NUALS |b NUALS |c REF |d 2018-04-07 |l 0 |o 346.092 BAU'16 |p 15323 |r 2018-04-07 |w 2018-04-07 |y REF | ||