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If the IIT does not limit treaty claims, the limitation period applying under the laws of either contracting party must be applicable
Even if a specific law theoretically applies to everyone in the same way, it can still constitute a discriminatory measure if in practice the claimant is the only one subjected to the law's obligations
If shares are protected by an IIT, a shareholder can claim a breach of the IIT even if the state's measures were directed at the company and not him or her personally
If a contract between the old and new shareholders of a company assigns certain claims to money to the old shareholder, these claims to money can constitute an investment
Protection of Investors under IITs
Applicability of IITs
Ratione Materiae – Definition of Investment
The Concept of "Investment"
Claims to Money
If a contract between the old and new shareholders of a company assigns certain claims to money to the old shareholder, these claims to money can constitute an investment
Shares
If shares are protected by an IIT, a shareholder can claim a breach of the IIT even if the state's measures were directed at the company and not him or her personally
Expropriation and Standards of Protection
Arbitrary and Discriminatory Measures
Even if a specific law theoretically applies to everyone in the same way, it can still constitute a discriminatory measure if in practice the claimant is the only one subjected to the law's obligations
Further Problems
If the IIT does not limit treaty claims, the limitation period applying under the laws of either contracting party must be applicable