国際法における株主の保護 : 国際法委員会外交的保護条文草案及び国際司法裁判所ディアロ事件判決を中心として

概要

論文の詳細を見る
It is longstanding and one of the most complicatedproblems in international law whether the national state of shareholders should be permitted to espouse a claim on their behalf forharm caused to them flowing from harm caused to the company. In 2006, the International LawCommission of the United Nations completed its works on Diplomatic Protection. In 2007 and 2010, the International Court of Justice deliveredits judgments in the Case Concerning Ahmadou Sadio Diallo. The ILC's Draft Articles on Diplomatic Protection and the two judgments of ICJ in Diallo case presented some interesting problems concerning protections of shareholders in international law. In this article I reconsidered these recent movements from two points. Fist point is the practice of recentinvestment treaty arbitrations. ICJ took no account of these recent arbitral practices, andILC probably misunderstood these practices.Second point is the rules of domestic law atdiplomatic protection of shareholders in foreign company.
2013-09-00