Le chalandage de traités à l’épreuve des accords d’investissement de nouvelle génération

Quoc Chien Ngo and Ly Van Anh

Revue internationale de droit économique, 2017, vol. t. XXXI, issue 3, 85-108

Abstract: Investment relations between states have often been challenged by investors maneuvering to maximize the benefits they can draw from inter-government investment treaties. Treaty shopping, which is part of this trend, refers to an increasingly frequent practice in which foreign investors seek to acquire a ?useful? nationality by changing their domicile or by restructuring their investments to benefit from the protection of a BIT signed between a state of which they are not nationals and the host state in which they have invested. This article, after reviewing the practice of treaty shopping and looking at arbitration case law on investment, will examine provisions in some new generation investment treaties that seek to avoid this scrambling.

Keywords: investment treaties; investment arbitration; treaty shopping (search for similar items in EconPapers)
Date: 2017
References: Add references at CitEc
Citations:

Downloads: (external link)
http://www.cairn.info/load_pdf.php?ID_ARTICLE=RIDE_313_0085 (application/pdf)
http://www.cairn.info/revue-internationale-de-droi ... e-2017-3-page-85.htm (text/html)
free

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:cai:riddbu:ride_313_0085

Access Statistics for this article

More articles in Revue internationale de droit économique from De Boeck Université
Bibliographic data for series maintained by Jean-Baptiste de Vathaire ().