The Nationality of Corporate Investors under International Investment Law

Acknowledgements
Table of Contents
Table of Cases
Table of International Instruments
Introduction
	I. A Case against the Expansionist Approach to Personal Scope
of IIL Protections
	II. Structure of the analysis
PART I: FUNDAMENTAL ELEMENTS OF CORPORATE
NATIONALITY IN IIL: CONDITIONS OF ACCESS TO PROTECTION,
NATIONALITY AND CORPORATE PERSONALITY
	1. Access to International Investment Protection: ICSID, Investment
Treaties and Institutional Arbitration Rules
		I. Access to International Investment Arbitration
		II. Conditions for Access to Investment Treaty Protection
		III. Conclusion
	2. Nationality as a Legal Bond in International Law:
A Story of Disagreement Over the Relevance and Meaning
of ‘Genuine Link’
		I. Nationality of Individuals
		II. Nationality of objects
		III. Conclusion
	3. Distinguishing Features of Corporations for Purposes of Nationality
		I. The Corporation as a Fictional Creature of the Law
		II. Connecting a Corporation to a State through Lex Societatis
		III. The corporation in a global economy: Multinationals enterprises, shell corporations, and regulatory havens
		IV. Conclusion
PART II: UNDERSTANDING CORPORATE NATIONALITY
	4. Corporate Nationality in the Context of Diplomatic Protection
and War-Time Sanctions
		I. Determining corporate nationality under the principles of diplomatic protection
		II. Control Criterion for Domestic Wartime Sanctions
		III. Conclusion
	5. Corporate Investors’ Nationality under the ICSID Convention
and Investment Treaties
		I. The ICSID Convention Article 25(2)(b) requirement: Objective but rarely addressed
		II. How do investment treaties link corporate investors to states?
		III. Conclusion
PART III: PROBLEMS AND SOLUTIONS
	6. Exposing the Fault Lines
		I. Methodological Flaws
		II. Erosion of the Concept of 'Nationality'
		III. Ramifications of the Methodological and Interpretative Flaws
		IV. Conclusion
	7. Evaluation of Responses to Nationality Shopping
and the Way Forward
		I. Abuse of rights – a solution as difficult as the problem itself
		II. Denial of Benefits Clauses
		III. Way forward: Restoring conceptual and methodological rigour to analysing corporate investors' nationality
		IV. Conclusion
Conclusion
Bibliography
Index