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.
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.
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 the University of Lausanne in Switzerland. She holds a law degree from the University of Munich, as well as a LL.M. in international and European economic law and a PhD in international law (both from University of Lausanne). She has published in the fields of international investment law, international economic law, public international law and international criminal law.
Inhaltsangabe
* Introduction * Part I Placing treaty shopping in context * 1: Understanding the practice of treaty shopping * 2: Is anything wrong with treaty shopping? * Part II: Systematic approaches to the validity of a claim based on treaty shopping * Introduction * 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 * Conclusions * Part III: Possible solutions to the inconsistent approaches towards treaty shopping * Introduction * 8: What States can do to curb treaty shopping * 9: The role of the principle of good faith in treaty shopping * Conclusions
* Introduction * Part I Placing treaty shopping in context * 1: Understanding the practice of treaty shopping * 2: Is anything wrong with treaty shopping? * Part II: Systematic approaches to the validity of a claim based on treaty shopping * Introduction * 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 * Conclusions * Part III: Possible solutions to the inconsistent approaches towards treaty shopping * Introduction * 8: What States can do to curb treaty shopping * 9: The role of the principle of good faith in treaty shopping * Conclusions
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