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Miss Jane's Building (Edisto Library Temporary Location)
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West Ashley Library
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Passive Investments.
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- Author(s): Ho, Jean1
- Source:
ICSID Review: Foreign Investment Law Journal. Fall2020, Vol. 35 Issue 3, p523-539. 17p.- Subject Terms:
- Source:
- Additional Information
- Abstract: Passive investments are a phenomenon in investment treaty arbitration. Arbitral jurisprudence is divided over the eligibility of investments represented by claimants who played little or no part in their establishment or nurturing for treaty protection. This note attributes the emergence of passive investments as a category of protected investments to a jurisdictional loophole present in the vast majority of investment treaties. It then considers the extent to which this loophole can be addressed by 'denial of benefits' clauses in applicable treaties, by reading an 'action of investing' jurisdictional condition into applicable treaties, and by the award of nominal damages when a claim arising from a passive investment prevails on the merits. This note concludes that so long as investment treaties continue to hold sway as regulatory tools, passive investments, for better or for worse, are protected investments. [ABSTRACT FROM AUTHOR]
- Abstract: Copyright of ICSID Review: Foreign Investment Law Journal is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Abstract:
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