XI Investors

Subject(s):

Foreign Direct Investment — Nationality of investor — Customary international law

This chapter covers a range of legal issues relating to the standing of natural and legal persons to bring claims under customary international law, investment treaties, and the ICSID Convention. Determining whether a foreign investor satisfies the nationality requirements of an investment treaty or the ICSID Convention can be a complex exercise, given the myriad investment structures by which corporations and individuals hold assets. In some cases, a company formed in the home state of the investor will have made an investment directly in the host state, giving rise to little debate as to the entity’s standing to bring a claim against the host state. In many other cases, however, the factual circumstances are more intricate. The ultimate contributor of capital may have made its investment through several layers of companies, incorporated in different jurisdictions. Some intervening corporate vehicles may benefit from investment treaties with the host country, whereas others may not.