Ren, Raphael and Shan, Soh Lip (2022) How to identify insiders and intruders disguising as investors in the assignment of investments. INTERNATIONAL & COMPARATIVE LAW QUARTERLY, 71 (2). pp. 357-388. ISSN 1471-6895, DOI https://doi.org/10.1017/S0020589322000069.
Full text not available from this repository.Abstract
The constant exchange of investment assets poses a risk of `commoditisation' of investment treaty claims. Nevertheless, both traditional and modern investment treaties contain sufficient safeguards against attempts by host State `insiders' and third State `intruders' to create artificial access to arbitration. First, the definition of `investment' can filter genuine investments from bare acquisition of assets (ratione materiae). Second, the textual linkage between `investor' and `investment' strongly implies that `active contribution' in the investment is required from assignees to qualify for protection (ratione personae). Third, the doctrine of abuse of rights prevents treaty shopping and internationalisation of domestic disputes (ratione temporis).
| Item Type: | Article |
|---|---|
| Funders: | UNSPECIFIED |
| Uncontrolled Keywords: | private international law; foreign investment; abuse of process; treaty shopping; ratione materiae; ratione personae; ratione temporis; treaty interpretation; jurisdiction; commoditisation of claim |
| Subjects: | J Political Science > JX International law K Law > K Law (General) |
| Divisions: | Faculty of Law |
| Depositing User: | Ms Koh Ai Peng |
| Date Deposited: | 19 Jul 2024 08:56 |
| Last Modified: | 19 Jul 2024 08:56 |
| URI: | http://eprints.um.edu.my/id/eprint/46283 |
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