英文摘要 |
In recent years, nationality planning and treaty shopping by company investors has raised more and more concerns, host countries has sought to examine the “genuine link” between the company investors and the putative home State for restricting the range of covered investors. It reflects the evolution of the “genuine link in nationality” test in the international investment agreements from enlarging the scope of the treaty protection to shareholders who has the “genuine link” with the investment to setting additional requirements in the definition of the investor and/or to use denial- of-benefits provisions by using a “genuine link” test. But there is no explicit or consistent criteria for determining the “genuine link” of the company nationality in the international investment law, and this brings a lot of uncertainty to the emergence of a consistent jurisprudence in the investment arbitration, it is necessary and beneficial to further refine specific criteria of the related clauses in IIAs. It is necessary for China to pay close attention to this issue and modify the relevant provisions in its IIAs. |