Abstract

LARRIVA, Hugo García. Arbitrating what is mine or what is yours? The legal nature of the rights of investors. Iuris Dictio [online]. 2019, n.23, pp.33-53. ISSN 2528-7834.  https://doi.org/10.18272/iu.v23i23.1431.

The investors' status under international investment law is an issue that has led to long-standing debates around which different theories have been developed. In this regard, in order to specify the nature of investors’ rights and what they can do with them as non-State actors on the international arena, this article will address four main theories: the derivative model, the dualist model, the third party beneficiary model, and the direct model. Through this analysis, it will be demonstrated that the direct model theory, based on the concep tion of legal personality of Kelsen could bring more clarity and provide a better framework to the development of investment law than the other models.

Keywords : Investor; International Investment Law; IIA; Investors' rights; International Personality..

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