Book contents
- Shareholders’ Claims for Reflective Loss in International Investment Law
- Cambridge International Trade and Economic Law
- Shareholders’ Claims for Reflective Loss in International Investment Law
- Copyright page
- Contents
- Figures
- Foreword
- Acknowledgments
- Table of Cases
- Table of Treaties
- Abbreviations and Acronyms
- Introduction: International Investment Law’s Narrative and Shareholders’ Claims for Reflective Loss
- 1 Shareholders in International Investment Law
- 2 International Investment Law’s Shareholders’ Claims for Reflective Loss: A Clash of Policies
- 3 Shareholders’ Claims for Reflective Loss in Domestic Regimes, Customary International Law of Diplomatic Protection, and Human Rights Law
- 4 International Investment Law on the Standing of Shareholders
- 5 Legal Uncertainty and Inconsistency Militating against Shareholders’ Claims for Reflective Loss: The Unpredictability of Investment Disputes Involving Shareholders
- 6 Shareholders’ Claims for Reflective Loss and the Dangers of Parallel Proceedings
- 7 International Res Judicata as a Solution to Parallel Proceedings Arising from Shareholders’ Claims for Reflective Loss in International Investment Law
- 8 The Consolidation of Proceedings and Mass Claims in International Investment Law and Arbitration
- 9 Calculating Damages in Shareholders’ Claims for Reflective Loss
- Conclusion
- Bibliography
- Index
1 - Shareholders in International Investment Law
Published online by Cambridge University Press: 13 July 2020
- Shareholders’ Claims for Reflective Loss in International Investment Law
- Cambridge International Trade and Economic Law
- Shareholders’ Claims for Reflective Loss in International Investment Law
- Copyright page
- Contents
- Figures
- Foreword
- Acknowledgments
- Table of Cases
- Table of Treaties
- Abbreviations and Acronyms
- Introduction: International Investment Law’s Narrative and Shareholders’ Claims for Reflective Loss
- 1 Shareholders in International Investment Law
- 2 International Investment Law’s Shareholders’ Claims for Reflective Loss: A Clash of Policies
- 3 Shareholders’ Claims for Reflective Loss in Domestic Regimes, Customary International Law of Diplomatic Protection, and Human Rights Law
- 4 International Investment Law on the Standing of Shareholders
- 5 Legal Uncertainty and Inconsistency Militating against Shareholders’ Claims for Reflective Loss: The Unpredictability of Investment Disputes Involving Shareholders
- 6 Shareholders’ Claims for Reflective Loss and the Dangers of Parallel Proceedings
- 7 International Res Judicata as a Solution to Parallel Proceedings Arising from Shareholders’ Claims for Reflective Loss in International Investment Law
- 8 The Consolidation of Proceedings and Mass Claims in International Investment Law and Arbitration
- 9 Calculating Damages in Shareholders’ Claims for Reflective Loss
- Conclusion
- Bibliography
- Index
Summary
This chapter focuses on the shareholder and its increasingly important place in international economic law and, in particular, international investment law. The increasing importance of the place and role played by shareholders is a consequence of the increasing importance of multinational corporations on the international scene. The more pronounced place and role played by private actors on the international scene leads to the appearance of “new” real parties in interest. Because shareholders qualify as “investors,”,+ they are protected under international investment treaties and can have recourse to investor-state arbitration. As investors, the protection of shareholders in international investment law must be acknowledged in order to preserve the latter’s legitimacy. This chapter also identifies the different conflicts of interest which may exist among different categories of shareholders (minority and majority shareholders or foreign and domestic shareholders), as well as among shareholders and creditors. These conflicts of interest are important to understanding the dynamic at stake in shareholders’ claims for reflective loss and, in some instances, can justify shareholders’ claims for reflective loss in investment arbitration.
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- Publisher: Cambridge University PressPrint publication year: 2020