Jorun Baumgartner
- Published in print:
- 2016
- Published Online:
- January 2017
- ISBN:
- 9780198787112
- eISBN:
- 9780191829185
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198787112.003.0004
- Subject:
- Law, Public International Law
Heralding the legal analysis of the practice of treaty shopping in Part II of the book, Chapter 3 sets out to analyse the (customary) international law of diplomatic protection as relevant for the ...
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Heralding the legal analysis of the practice of treaty shopping in Part II of the book, Chapter 3 sets out to analyse the (customary) international law of diplomatic protection as relevant for the question of changes of nationality. Investment arbitral tribunals, when having to decide on whether a claim involving treaty shopping is valid or not, are often tasked to determine whether certain leading cases referring to customary international law may be applied in the investment context. Chapter 3 examines the concept of nationality under international law both for natural and legal persons, discusses in depth the implications of the Nottebohm, Barcelona Traction, and Diallo decisions of the International Court of Justice for international investment law, and assesses the relevance of the (customary) continuous nationality requirement for the practice of treaty shopping in international investment law.Less
Heralding the legal analysis of the practice of treaty shopping in Part II of the book, Chapter 3 sets out to analyse the (customary) international law of diplomatic protection as relevant for the question of changes of nationality. Investment arbitral tribunals, when having to decide on whether a claim involving treaty shopping is valid or not, are often tasked to determine whether certain leading cases referring to customary international law may be applied in the investment context. Chapter 3 examines the concept of nationality under international law both for natural and legal persons, discusses in depth the implications of the Nottebohm, Barcelona Traction, and Diallo decisions of the International Court of Justice for international investment law, and assesses the relevance of the (customary) continuous nationality requirement for the practice of treaty shopping in international investment law.
