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Part V The International Law of Foreign Investment, XXXIV Treaties on Investment Protection

From: Principles of International Economic Law (2nd Edition)

Matthias Herdegen

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 May 2023

Corporations — Competition — International investment law — International monetary law — Goods

This chapter explores treaties on investment protection. International investment treaties, as a rule, cover any natural or legal person with the nationality of one of the contracting States, who makes an investment in the other contracting State. These treaties also extend their scope of application to corporations owned or controlled by one of the contracting States. Many investment treaties extend their scope of application to investments made by persons from one contracting State by means of a subsidiary company founded under the law of the other contracting State or having its seat in the other State. This extended form of protection may be achieved either via the personal scope of application of the investment treaty (definition of protected ‘investor’), or via the substantive scope of application (definition of protected ‘investment’).

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