Mitigating the Risks Entailed in Shareholders' Claims for Reflective Loss: Suggestions for Investment Treaty Reform

摘要

This contribution identifies the systemic risks posed by the permissibility of shareholders' claims for reflective loss in international investment law. It revisits existing investment treaty mechanisms under which shareholder recourse can be limited, and evaluates their effectiveness in the particular context of reflective loss. Drawing on 'traditional' and 'new generation' treaty language, as well as on domestic and general international law, the article then proposes new treaty language with the aim of eliminating the risks of reflective loss claims from investment treaties.