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Jurisdiction Ratione Personae

Jorun Baumgartner

in Treaty Shopping in International Investment Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198787112
eISBN:
9780191829185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198787112.003.0005
Subject:
Law, Public International Law

When raising objections to jurisdiction ratione personae, respondent States have often argued that the investor having brought the claim under a given investment treaty was not the ‘real’ investor ... More


Understanding the Practice of Treaty Shopping

Jorun Baumgartner

in Treaty Shopping in International Investment Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198787112
eISBN:
9780191829185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198787112.003.0002
Subject:
Law, Public International Law

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 ... More


Treaty Shopping in International Investment Law

Jorun Baumgartner

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198787112
eISBN:
9780191829185
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198787112.001.0001
Subject:
Law, Public International Law

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 ... More


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