Advanced systems of domestic corporate law generally apply a “no reflective loss” principle to shareholder claims. Shareholder claims are permitted for direct injury to shareholder rights (such as voting rights). But shareholders generally cannot bring claims for reflective loss incurred as...

Corporate law in advanced domestic legal systems on the one hand, and typical treaties for the protection of foreign investment on the other hand, treat claims for damages by company shareholders differently. Advanced domestic systems generally bar shareholders from claiming for reflective loss...

This article aims at empirically investigating the evolution of China's BIT policy since the early 1980s and compares it with current developed country approaches. Analysing the development of substantive and procedural investment protection provisions, it argues that China has pro-actively...

State capitalism has become a formidable force in the international economy. It takes many forms, one of which being sovereign wealth funds (SWFs). SWFs are used by state capitalists to earn profits overseas or to promote economic growth at home. One of the imperative questions about state...

Many governments have expressed concerns about the uncertainty linked to the perceived inconsistency of treaty interpretation in Investor-State dispute settlement (ISDS). An OECD-hosted intergovernmental investment roundtable has been considering a range of tools through which governments can...