The Nationality of Corporate Investors under International Investment Law. (2020)

• Record Type: Book
• Further Information: Note: Anil Yilmaz Vastardis.
• Authors: Yilmaz Vastardis, Anil
• Contents: Introduction I. A Case against the Expansionist Approach to Personal Scope of IIL Protections II. Structure of the Analysis PART IFUNDAMENTAL ELEMENTS OF CORPORATE NATIONALITY IN IIL: CONDITIONS OF ACCESS TO PROTECTION, NATIONALITY AND CORPORATE PERSONALITY1. Access to International Investment Protection: ICSID, Investment Treaties and Institutional Arbitration Rules I. Access to International Investment Arbitration II. Conditions for Access to Investment Treaty Protection III. Conclusion 2. Nationality as a Legal Bond in International Law: A Story of Disagreement Over the Relevance and Meaningof 'Genuine Link' I. Nationality of IndividualsII. Nationality of Objects III. Conclusion 3. Distinguishing Features of Corporations for Purposes of Nationality I. The Corporation as a Fictional Creature of the Law II. Connecting a Corporation to a State Through Lex Societatis III. The Corporation in a Global Economy: Multinationals Enterprises, Shell Corporations, and Regulatory Havens IV. Conclusion PART IIUNDERSTANDING CORPORATE NATIONALITY4. Corporate Nationality in the Context of Diplomatic Protection and War-Time Sanctions I. Determining Corporate Nationality under the Principles of Diplomatic Protection II. Control Criterion for Domestic Wartime Sanctions III. Conclusion 5. Corporate Investors' Nationality under the ICSID Convention and Investment Treaties I. The ICSID Convention Article 25(2)(b) Requirement: Objective but Rarely Addressed II. How do Investment Treaties Link Corporate Investors to States? III. Conclusion PART IIIPROBLEMS AND SOLUTIONS6. Exposing the Fault Lines I. Methodological Flaws II. Erosion of the Concept of 'Nationality' III. Ramifications of the Methodological and Interpretative Flaws IV. Conclusion 7. Evaluation of Responses to Nationality Shopping and the Way Forward I. Abuse of Rights – A Solution as Difficult as the Problem Itself II. Denial of Benefits Clauses III. Way Forward: Restoring Conceptual and Methodological Rigour to Analysing Corporate Investors' Nationality IV. Conclusion.
• Publisher Details: London : Hart Publishing
• Publication Date: 2020
• Extent: 1 online resource (312 pages)
• Subjects: International arbitration; Law -- Arbitration, Negotiation, Mediation; Law -- Commercial -- International Trade; Law -- International; International economic & trade law
• Languages: English
• ISBNs: 9781509933617; 1509933611
• Related ISBNs: 9781509933594
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.