Resolving the concerns of treaty shopping in international investment law: is treaty shopping in international investment law a “legitimate nationality planning” or “treaty abuse”

Abstract

Is treaty shopping in International investment law “legitimate nationality planning” or “treaty abuse”? This is the question investment arbitral tribunals have been increasingly facing in investment treaty arbitration. The need for an explicit dividing line between permissible nationality planning and abusive Treaty shopping became apparent a while ago, yet there is still no common consensus as to where to draw such line.