DENIAL OF BENEFITS CLAUSE IN INVESTMENT TREATIES

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

GHAMAMI MAJID; SEDIGHI REYHANEH

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: PRIVATE LAW STUDIES Year:2018 | Volume:48 | Issue:1 Page(s): 115-131

Download Full-Text

Persian Verion

View:

1,242

Download:

Cites:

Information Journal Paper

Title

DENIAL OF BENEFITS CLAUSE IN INVESTMENT TREATIES

Author(s)

GHAMAMI MAJID | SEDIGHI REYHANEH | Issue Writer Certificate

Keywords

INTERNATIONAL INVESTMENT LAWQ1

BILATERAL INVESTMENT TREATIESQ1

DENIAL OF BENEFITS CLAUSEQ1

NATIONALITYQ1

TREATY SHOPPINGQ1

Abstract

INTERNATIONAL INVESTMENT LAW now recognises the right of foreign investors to bring a claim directly against host states. This right is often provided in multilateral or BILATERAL INVESTMENT TREATIES. However, this principle is now under threat by measures known under the term of "Treaty Shopping" taken by investors to take advantage of investment treaties between host states and countries other than national states of investors.in order to benefit from these treaties, investors have devised means to acquire the NATIONALITY of states that have signed the target treaty with host states. These conducts are sometimes taken by ingenious investors as well. Host states have designed various means to confront TREATY SHOPPING. One of these solutions is drafting treaties in a manner that prevents wrongful benefit of investors without the NATIONALITY of states that have signed favourable treaties with host states, before any dispute arises and be taken to arbitration. The insertion of "Denial of Benefits Clause" in investment treaties is one of these methods. This paper studies the concept, history and evolution of this clause in light of practice in order to determine its level of efficiency in preventing TREATY SHOPPING.

Cites

No record.

References

No record.

Cite

APA: Copy

GHAMAMI, MAJID, & SEDIGHI, REYHANEH. (2018). DENIAL OF BENEFITS CLAUSE IN INVESTMENT TREATIES. PRIVATE LAW STUDIES, 48(1 ), 115-131. SID. https://sid.ir/paper/125133/en

Vancouver: Copy

GHAMAMI MAJID, SEDIGHI REYHANEH. DENIAL OF BENEFITS CLAUSE IN INVESTMENT TREATIES. PRIVATE LAW STUDIES[Internet]. 2018;48(1 ):115-131. Available from: https://sid.ir/paper/125133/en

IEEE: Copy

MAJID GHAMAMI, and REYHANEH SEDIGHI, “DENIAL OF BENEFITS CLAUSE IN INVESTMENT TREATIES,” PRIVATE LAW STUDIES, vol. 48, no. 1 , pp. 115–131, 2018, [Online]. Available: https://sid.ir/paper/125133/en

Related Journal Papers