How to identify insiders and intruders disguising as investors in the assignment of investments
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 artific...
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CAMBRIDGE UNIV PRESS
2022
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my.um.eprints.462832024-07-19T08:56:09Z http://eprints.um.edu.my/46283/ How to identify insiders and intruders disguising as investors in the assignment of investments Ren, Raphael Shan, Soh Lip JX International law K Law (General) 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). CAMBRIDGE UNIV PRESS 2022-04 Article PeerReviewed 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 <https://doi.org/10.1017/S0020589322000069>. https://doi.org/10.1017/S0020589322000069 10.1017/S0020589322000069 |
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JX International law K Law (General) Ren, Raphael Shan, Soh Lip How to identify insiders and intruders disguising as investors in the assignment of investments |
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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). |
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Article |
author |
Ren, Raphael Shan, Soh Lip |
author_facet |
Ren, Raphael Shan, Soh Lip |
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Ren, Raphael |
title |
How to identify insiders and intruders disguising as investors in the assignment of investments |
title_short |
How to identify insiders and intruders disguising as investors in the assignment of investments |
title_full |
How to identify insiders and intruders disguising as investors in the assignment of investments |
title_fullStr |
How to identify insiders and intruders disguising as investors in the assignment of investments |
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How to identify insiders and intruders disguising as investors in the assignment of investments |
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how to identify insiders and intruders disguising as investors in the assignment of investments |
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CAMBRIDGE UNIV PRESS |
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2022 |
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http://eprints.um.edu.my/46283/ https://doi.org/10.1017/S0020589322000069 |
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