- 432 pages
- English
- ePUB (mobile friendly)
- Available on iOS & Android
Investors' International Law
About this book
This book is the first book-length analysis of investor accountability under general and customary international law, international human rights law, international environmental law, international humanitarian law, as well as international investment law. International investment law is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Reform initiatives range from the rejection of international law as a governing regime for investors, to the dramatic overhaul of investment treaties that supposedly enable investor overprotection, to the creation of a multilateral international instrument that would enable the litigation of claims against errant businesses before an international tribunal. Whether these initiatives succeed in disciplining investors remains to be seen. What these initiatives undeniably show however, is that change is warranted to counteract this lopsided investors' international law. Each chapter in the book addresses a different and underexplored dimension of investor accountability, thus offering a novel and consolidated study of international law. The book will be of immense assistance to legal practitioners, academics and policy makers involved in the design, drafting, application and reform of various international instruments addressing investor accountability.
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Information
Table of contents
- Cover
- Title Page
- Preface
- Acknowledgements
- Table of Contents
- Contributor Biographies
- Introduction
- 1. International Lawās Opportunities for Investor Accountability
- 2. The Foreign Investor as a Good Citizen: Investor Obligations to do Good
- 3. Investorsā International Law and its Asymmetries: The Case of Local Communities
- 4. From Risk to Rights: Reorienting the Paradigms at the Heart of Corporate Legal Form and Investment Treaty Standards in Foreign Investment Governance
- 5. Investor Obligations in Investment Treaties: Missing Text or a Matter of Application?
- 6. The Role of Soft Law Corporate Responsibilities in Defining Investor Obligations in International Investment Agreements
- 7. Responding to Investor Misconduct: The Line between Lawful and Unlawful Responses and Apportionment in Cases of Unlawful Responses
- 8. Counterclaims in Investment Arbitration: Is the Host State the Right Claimant?
- 9. Applying International Law to Corporations: The Limits to the Lessons Offered by the United States Experience with the Alien Tort Statute
- 10. Investor Obligations Amid Armed Conflict
- 11. Mapping Investorsā Environmental Commitments and Obligations
- 12. Elevating Corruption to an International Tort
- Conclusion: Investorsā International Law: Beyond the Present
- Index
- Copyright Page