Abuse of Rights: Should the Investor-State Tribunals Extend the Application of the Doctrine?

摘要

Maintaining integrity of international investment regime requires the wider application of the abuse of rights doctrine. At the contemporary practice, the investor state Tribunals apply the doctrine to limit the corporate nationality planning. In this thesis, I suggest extending application of the doctrine to three scenarios (1) where an investor misuses the international investment regime; (2) where an investor exercises a right in a bad faith; and (3) where an investor commits misconduct. The extended application of the doctrine guarantees the protection of the international investment regime and corresponds to the origins of the doctrine.