Interaction Between International and Domestic Law in Purpose of Determining Shareholders’ Rights in International Investment Disputes

Abstract

International investment law protects shareholders’ rights through treaty-based arrangements. That is to say, a great number of bilateral investment treaties (BITs) identify shares as one of the types of protected investment as ICSID arbitral tribunals have recognized in several cases. Despite that, it should be considered that these Bilateral Investment Treaties do not, however, define shareholder or share and typically do not state whether shareholders must own a majority of the shares or control a company's administration to qualify for treaty protection. the absence of a general international law definition of shares or shareholders leads to the need to refer to such concepts as they are generally accepted by municipal legal systems and determine shareholders’ rights and obligations by way of renvoi to municipal rules. this process must preserve the integrity of the concept. tribunals and courts cannot modify or deform these concepts. This study examines the manner of interaction between municipal and international law in the field of shareholders' direct and indirect claims.

Keywords

• international investment
• shares
• shareholder
• international law
• domestic law