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In recent years, investor-state tribunals have often permitted shareholders' claims for reflective loss despite the well-established principle of no reflective loss applied consistently in domestic regimes and in other fields of international law. Investment tribunals have justified their decisions by relying on definitions of 'investment' in investment agreements that often include 'shares', while the no-reflective-loss principle is generally justified on the basis of policy considerations pertaining to the preservation of the efficiency of the adjudicatory process and to the protection of other stakeholders, such as creditors. Although these policy considerations militating for the prohibition of shareholders' claims for reflective loss also apply in investor-state arbitration, they are curable in that context and must be balanced with policy considerations specific to the field of international investment law that weigh in favor of such claims: the protection of foreign investors in order to promote trade and investment liberalization.

Investments, Foreign (International law) --- Investments, Foreign --- Stockholders --- Stocks --- Corporation law --- Investors --- Shareholders --- Capitalists and financiers --- Corporations --- International investment law --- Investment law, International --- International law --- Law and legislation. --- Legal status, laws, etc. --- Investor relations

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"International investment law is a small part of the international economic law normative universe and whose distinctive characteristics form its constitutive legitimacy. Robert M. Cover once wrote in his famous "Nomos and Narrative" that "[n]o set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning".2 Norms cannot be understood if taken out of their context, of their narrative. International investment law norms are a good example: international investment law norms are created in a specific context characterized by highly particularized features that are, arguably, found nowhere else. Taking an investment norm outside of its context would strip away its constitutive legitimacy and render it inapplicable and obsolete in another context and another narrative. In other words, for one to fully grasp the meaning of an international investment norm or practice, one has to understand the context in which it is generated and applied"--

Investments, Foreign (International law) --- Investments, Foreign --- Stockholders --- Stocks --- Investissements étrangers --- Investissements étrangers --- Actionnaires --- Actions de sociétés --- Law and legislation. --- Legal status, laws, etc. --- Law and legislation. --- Droit international --- Droit --- Statut juridique. --- Droit.

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This book addresses emerging questions concerning who should bear responsibility for shouldering risk, as well as the viability of existing and experimental governance mechanisms in connection with new technologies. Scholars from 14 jurisdictions unite their efforts in this edited collection to provide a comparative analysis of how various legal systems are tackling the challenges produced by the legal aspects of genetic testing in insurance and employment. They cover the diverse set of norms that surround this issue, and share insights into relevant international, regional and national incursions into the field. By doing so, the authors offer a basis for comparative reflection, including on whether transnational standard setting might be useful or necessary for the legal aspects of genetic testing as they relate to the insurance and employment contexts. The respective texts cover a broad range of topics, including the prevalence of genetic testing in the contexts of insurance and employment, and policy factors that might affect this prevalence, such as the design of national health or social insurance systems, of private insurance schemes or the availability of low-cost direct-to-consumer genetic testing. Further, the field of genetics is gaining in importance at the international and regional levels. Relevant concepts – mainly genetic tests and genetic data/information – have been internationally defined, and these definitions have influenced definitions adopted nationally. International law also recognizes a “special status” for human genetic data. The authors therefore also consider these definitions and the recognition of the special status of human genetic data within regional and national legal orders. They investigate the range of norms that specifically address the use of genetic testing in employment and insurance, encompassing international sources – including human rights norms – that may be binding or non-binding, as well national statutory, regulatory and soft-law mechanisms. Accordingly, some of the texts examine general frameworks relevant to genetic testing in each country, including those that stem from general anti-discrimination rules and norms protecting rights to autonomy, self-determination, confidentiality and privacy. In closing, the authors provide an overview of the efficiency of their respective legal regimes’ approaches – specific and generalist – to genetic testing or disclosure of genetic information in the employment or insurance contexts, including the effect of lack of legal guidance. In this regard, some of the authors highlight the need for transnational action in the field and make recommendation for future legal developments.

Private international law. --- Conflict of laws. --- Labor law. --- Human rights. --- Biomedical engineering. --- Genetic engineering. --- Private International Law, International & Foreign Law, Comparative Law . --- Labour Law/Social Law. --- Human Rights. --- Biomedical Engineering/Biotechnology. --- Genetic Engineering. --- Designed genetic change --- Engineering, Genetic --- Gene splicing --- Genetic intervention --- Genetic surgery --- Genetic recombination --- Biotechnology --- Transgenic organisms --- Clinical engineering --- Medical engineering --- Bioengineering --- Biophysics --- Engineering --- Medicine --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Employees --- Employment law --- Industrial relations --- Labor law --- Labor standards (Labor law) --- Work --- Working class --- Industrial laws and legislation --- Social legislation --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Law and legislation --- Legal status, laws, etc. --- Civil law --- Human chromosome abnormalities --- Diagnosis --- Law and legislation. --- Medical laws and legislation

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International private law --- Human rights --- Social law. Labour law --- Molecular biology --- Human biochemistry --- medische biochemie --- mensenrechten --- arbeidsrecht --- genetische manipulatie --- internationaal privaatrecht