Book contents
- Admissibility of Shareholder Claims under Investment Treaties
- Admissibility of Shareholder Claims under Investment Treaties
- Copyright page
- Dedication
- Contents
- 1 Introduction
- 2 Admissibility in International Investment Law
- 3 Mixed Claims Commissions and the Origins of Central Concepts
- 4 Admissibility and Shareholder Standing
- 5 Damages in Shareholder Treaty Claims
- 6 The Contract-Treaty Distinction
- 7 Applicable Law
- 8 Conclusion
- Bibliography
- Index
8 - Conclusion
Published online by Cambridge University Press: 07 September 2020
- Admissibility of Shareholder Claims under Investment Treaties
- Admissibility of Shareholder Claims under Investment Treaties
- Copyright page
- Dedication
- Contents
- 1 Introduction
- 2 Admissibility in International Investment Law
- 3 Mixed Claims Commissions and the Origins of Central Concepts
- 4 Admissibility and Shareholder Standing
- 5 Damages in Shareholder Treaty Claims
- 6 The Contract-Treaty Distinction
- 7 Applicable Law
- 8 Conclusion
- Bibliography
- Index
Summary
This book focused on two foundational ideas of the modern international law of foreign investment, that is, shareholders’ standing to claim for harm to the company’s assets and the contract/treaty claims distinction. These two ideas advance interrelated notions of independence: (i) independence of shareholder treaty rights in respect of the local company’s contractual/national law rights, and (ii) independence of treaty claims in respect of contract/national law claims. Investment arbitration’s quest for independence, not least vis-à-vis national law and institutions, has come at a cost however.
- Type
- Chapter
- Information
- Admissibility of Shareholder Claims under Investment Treaties , pp. 290 - 292Publisher: Cambridge University PressPrint publication year: 2020