Internationale Investitionen in Form von Gesellschaftsbeteiligungen

One of the most important differences between the investment protection law of the past, which is based on the law of diplomatic protection and customary aliens law, and modern investment protection law, which is based on a large number of international treaties, including international treaty provisions on the procedural enforcement of claims, is the question of whether, in addition to the company whose rights have been violated by state measures, its shareholders are also entitled to a legally enforceable claim for compensation under international law.
The thesis is dedicated to the proof of the following theses:
1.) Foreign shareholders have a fundamental right of action, regardless of the amount and whether it is a direct or indirect shareholding.
2.) In order to guarantee that the principles of the rule of law are observed in mass proceedings, the existing ICSID-regulations need to be supplemented by "additional procedural rules" which have yet to be formulated.