Corporate Restructuring Trying to Gain Investment Protection: Abuse of Right or Normal Business Management Practice

Abstract

The research presents a comprehensive study on ‘treaty shopping’ phenomenon in international investment law. It is mainly dedicated to the analysis of practice of corporate restructuring which is oriented on obtaining the treaty protection under particular investment agreement. The findings of the Master thesis outline causes and consequences of the existence of ‘treaty shopping’ concept in international investment law, identify core elements of ‘treaty shopping’ manipulations, compare already-existing approaches in the practice of investment arbitration towards treaty shopping treatment, and specify appropriate ways of reducing the treaty shopping expansion in international investment environment. As the final result, the present research clarifies the dividing line between the practice of treaty shopping as a normal business management activity and the abusive behaviour focused on obtaining the treaty protection.