The bona fide investor corporate nationality and treaty shopping in investment treaty law

"Many corporations engage in treaty shopping - or 'nationality planning'- to procure investment treaty protection by attainment of a nationality of convenience. This book is the first in-depth exploration of a substantive legal basis by which to assess the bona fides of a corporate in...

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Bibliographic Details
Main Author: Foote, Simon
Format: eBook
Language:English
Published: Alphen aan den Rijn, The Netherlands Kluwer Law International B.V., [2022]
Series:International arbitration law library ; 63.
Subjects:
Online Access:EBSCOhost
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Table of Contents:
  • Treaty terminology, interpretation and law
  • The treaty shopping debate in the investment treaty field
  • Comparative 1 : corporate personality, corporate nationality, and the corporate veil
  • Comparative 2 : nationality and the law of diplomatic protection
  • Comparative 3 : A substance-over-form approach to treaty shopping under double taxation treaties
  • Comparative 4 : Investment treaty jurisprudence
  • The objects and purpose of investment treaties and the rule of jurisdicitonal provisions
  • Giving substance to the substantive approach 1 : the problems with control and substantial business activity
  • Giving substance to the substantive approach 2 : purpose
  • Implementation of a substantive approach : by what means?