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Zusatztext This study will influence the reform of a difficult area in investment treaties, and arbitration based upon them, and remain the standard work on the subject for many years to come. Informationen zum Autor Anil Yilmaz Vastardis is Lecturer at the University of Essex School of Law. Vorwort This book provides a detailed and distinctive analysis of corporate nationality under international investment law, with sections covering the ICSID Convention and the investment treaty framework. Zusammenfassung This monograph offers a detailed and distinctive analysis of corporate nationality under international investment law, covering the ICSID Convention and the investment treaty framework. It takes the reader back to the basics, threading through the concepts of jurisdiction, nationality, and corporate personality to give a clear context to the discussion of corporate nationality under international investment law, at a time when international investment is dominated by multinational business enterprises operating in a globalised economy. The book examines different understandings of corporate personality and nationality under a selection of jurisdictions and public international law. It also offers an in-depth analysis of approaches found in ICSID arbitral awards and in investment treaty practice, distilling the problematic areas and discussing the impacts of the areas of concern. It evaluates the techniques developed to address problems and puts forward suggestions for effective and balanced solutions to the questions of corporate nationality and personal scope of investment protection. Inhaltsverzeichnis 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...
