Unit:
Κατεύθυνση Δημόσιο Διεθνές ΔίκαιοLibrary of the School of Law
Supervisors info:
Γουργουρίνης Αναστάσιος, Λέκτορας, Τμήμα Νομικής, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Original Title:
Beneficial Ownership under the Microscope of International Investment Law: Expansive Trends and Modern Challenges
Translated title:
Beneficial Ownership under the Microscope of International Investment Law: Expansive Trends and Modern Challenges
Summary:
Free movement of capital and goods, intensive development of financial and service markets, increasing competition in the corporate field and globalized economic relations between States and Investors have gradually shaped the current framework of international investment law. Notwithstanding the prevalence of the concept of “beneficial ownership” in tax law, as it commonly applies in situations where taxpayers may be benefiting indirectly from the advantages of a particular treaty by interposing corporate vehicles in a “tax-favourable jurisdiction”, it appears to also emerge as a prominent figure in international investment arbitration. Indicative are the continuing references of the decisions of the arbitral jurisprudence in the time span of the last decade. Nevertheless, any attempts to systematically interpret, define and construct the outer limits of the term have led to controversial results. Meanwhile, and despite the extensive legal literature on the topic of the misuse of corporate vehicles, commonly referred to as “treaty shopping”, it is remarkable that the concept of “beneficial ownership” has barely been assessed as having an autonomous meaning within the context of international investment law. Therefore, it is of fundamental importance to define the term if one takes into serious consideration the modern challenges and potential conflicts of interest tied to its very existence. The author of the thesis comes to the conclusion that a new definition is not only desirable, but imperative if one of the most significant “loopholes” in the global financial system is to be effectively addressed.
Main subject category:
Law and Legislation
Other subject categories:
Public international law
Keywords:
International Law, Beneficial Owner, Vienna Convention on the Law of the Treaties, Nationality of Investors, ICSID, BIT, Arbitral Jurisprudence, Intermediary Companies
Number of references:
167
File:
File access is restricted only to the intranet of UoA.
Thesis A. Rountou (Beneficial Ownership).pdf
1 MB
File access is restricted only to the intranet of UoA.
