Treaty Shopping and Unintended Consequences: BRICS in the International System

Forthcoming, BRICS and the Global Economy, Singapore: World Press Publishing

34 Pages Posted: 27 Mar 2018

See all articles by Julia Gray

Julia Gray

University of Pennsylvania - Department of Political Science

Date Written: March 26, 2018

Abstract

Countries around the world have signed a multitude of bilateral investment treaties (BITs), many of which leaves the parties vulnerable to legal action through Investor-State Dispute Settlement (ISDS). But unbeknownst to many of these countries at the time of signing, these BITs are also subject to abuse through a practice known as "treaty shopping," through which firms can sue other states via subsidiaries in a third country. This chapter examines several prominent cases of treaty shopping and strategies used by developing countries to insulate themselves.

Keywords: bilateral investment treaties, treaty shopping, ISDS, emerging markets, BRICs

Suggested Citation

Gray, Julia, Treaty Shopping and Unintended Consequences: BRICS in the International System (March 26, 2018). Forthcoming, BRICS and the Global Economy, Singapore: World Press Publishing, Available at SSRN: https://ssrn.com/abstract=3141875 or http://dx.doi.org/10.2139/ssrn.3141875

Julia Gray (Contact Author)

University of Pennsylvania - Department of Political Science ( email )

Stiteler Hall
Philadelphia, PA 19104
United States

HOME PAGE: http://www.sas.upenn.edu/polisci/people/standing-faculty/julia-gray

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