Treaty Shopping in International Investment Law

By Jorun Baumgartner, Published by Oxford University Press, February 2017

The book examines the practice of treaty shopping—the strategic change of nationality or the strategic invocation of another nationality with the aim of accessing another investment treaty for purposes of investment arbitration—to investigate the challenges this practice poses in investment arbitration. It analyzes the practice under customary international law and international investment law, and discusses the different ways by which arbitral tribunals have dealt with the value judgment at the core of the distinction between objectionable and unobjectionable treaty shopping. The book examines past and current investment treaty drafting practice and makes concrete recommendations on how states wishing to curb the possibility of treaty shopping could reform investment agreements to make them less susceptible to the practice. Available at