ABSTRACT
Focusing on corporations, which are claimants in the overwhelming majority of investor–state arbitration cases, Patrick Dumberry and Érik Labelle-Eastaugh revisit the old controversial question of the legal status of corporations under international law. They examine whether or not corporations may be considered to be subjects of international law in that context. They particularly argue that an entity qualifies as a subject of international law to the extent that it holds rights and is given the possibility to commence a direct claim against a state before an international tribunal, and that these two conditions are clearly met by corporate investors in the context of modern investment treaties.
