Interaction Between International and Domestic Law in Purpose of Determining Shareholders’ Rights in International Investment Disputes
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,...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2021-10-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| Subjects: | |
| Online Access: | https://qjpl.atu.ac.ir/article_13655_ec299bda6316dc8c32e07bab7945ca8b.pdf |
| _version_ | 1797359376286089216 |
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| author | Elham Amidimehr Seyed Jamal Seifi |
| author_facet | Elham Amidimehr Seyed Jamal Seifi |
| author_sort | Elham Amidimehr |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-03-08T15:17:40Z |
| format | Article |
| id | doaj.art-dabcab1eda4b400491be5760aabdccb4 |
| institution | Directory Open Access Journal |
| issn | 2345-6116 2476-6216 |
| language | fas |
| last_indexed | 2024-03-08T15:17:40Z |
| publishDate | 2021-10-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| spelling | doaj.art-dabcab1eda4b400491be5760aabdccb42024-01-10T10:52:26ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162476-62162021-10-01237212716410.22054/qjpl.2021.53228.244013655Interaction Between International and Domestic Law in Purpose of Determining Shareholders’ Rights in International Investment DisputesElham Amidimehr0Seyed Jamal Seifi1Ph.D. Student, Public International Law, Faculty of Divinity, Political Science and Law, Science and Research Branch Islamic Azad University, Tehran, IranAssociate Professor, Department of International Law, Faculty of Law, Shahid Beheshti University, Tehran, IranInternational 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.https://qjpl.atu.ac.ir/article_13655_ec299bda6316dc8c32e07bab7945ca8b.pdfinternational investmentsharesshareholderinternational lawdomestic law |
| spellingShingle | Elham Amidimehr Seyed Jamal Seifi Interaction Between International and Domestic Law in Purpose of Determining Shareholders’ Rights in International Investment Disputes Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī international investment shares shareholder international law domestic law |
| title | Interaction Between International and Domestic Law in Purpose of Determining Shareholders’ Rights in International Investment Disputes |
| title_full | Interaction Between International and Domestic Law in Purpose of Determining Shareholders’ Rights in International Investment Disputes |
| title_fullStr | Interaction Between International and Domestic Law in Purpose of Determining Shareholders’ Rights in International Investment Disputes |
| title_full_unstemmed | Interaction Between International and Domestic Law in Purpose of Determining Shareholders’ Rights in International Investment Disputes |
| title_short | Interaction Between International and Domestic Law in Purpose of Determining Shareholders’ Rights in International Investment Disputes |
| title_sort | interaction between international and domestic law in purpose of determining shareholders rights in international investment disputes |
| topic | international investment shares shareholder international law domestic law |
| url | https://qjpl.atu.ac.ir/article_13655_ec299bda6316dc8c32e07bab7945ca8b.pdf |
| work_keys_str_mv | AT elhamamidimehr interactionbetweeninternationalanddomesticlawinpurposeofdeterminingshareholdersrightsininternationalinvestmentdisputes AT seyedjamalseifi interactionbetweeninternationalanddomesticlawinpurposeofdeterminingshareholdersrightsininternationalinvestmentdisputes |