Investors’ International Law

Author: Jean Ho; Mavluda Sattorova
Publisher: Hart Publishing
ISBN: 9781509937912

Published In: July 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509951062

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Description
Contents

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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.

Introduction

Jean Ho (National University of Singapore) and Mavluda Sattorova (University of Liverpool, UK)

1. International Law's Opportunities for Investor Accountability

Jean Ho (National University of Singapore)

2. The Foreign Investor as a Good Citizen: Investor Obligations to Do Good

Mavluda Sattorova (University of Liverpool, UK)

3. Investors' International Law and its Asymmetries: The Case of Local Communities

Lorenzo Cotula (International Institute for Environment and Development, UK) and Nicolás M Perrone (Universidad Andres Bello, Chile)

4. From Risk to Rights: Reorienting the Paradigms at the Heart of Corporate Legal Form and Investment Treaty Standards in Foreign Investment Governance

Anil Yilmaz Vastardis (University of Essex, UK)

5. Investor Obligations in Investment Treaties: Missing Text or a Matter of Application?

Prabhash Ranjan (South Asian University, India)

6. The Role of Soft Law Corporate Responsibilities in Defining Investor Obligations in International Investment Agreement

Barnali Choudhury (University College London, UK)

7. Responding to Investor Misconduct: The Line Between Lawful and Unlawful Responses and Apportionment in Cases of Unlawful Responses

Martin Andrew Jarrett (Max Planck Institute for Comparative Public Law and International Law, Germany)

8. Counterclaims in Investment Arbitration: Is the Host State the Right Claimant?

Tomoko Ishikawa (Nagoya University, Japan)

9. Applying International Law to Corporations: The Limits to the Lessons Offered by the United States Experience with the Alien Tort Statute

Lucas Roorda (Utrecht University, the Netherlands) and Julian G Ku (Hofstra University, USA)

10. Investor Obligations Amid Armed Conflict

Jure Zrilic (University of Liverpool, UK)

11. Mapping Investors' Environmental Commitments and Obligations

Priscilla Pereira de Andrade (UNIDROIT, Italy) and Nitish Monebhurrun (University Centre of Brasilia, Brazil)

12. Elevating Corruption to an International Tort

Jose Daniel Amado (Miranda and Amado, Peru), Jackson Shaw Kern (Addis Law Group LLP, USA) and Martin Doe Rodriguez (Permanent Court of Arbitration, the Netherlands)

13. Conclusion

Surya Deva (City University of Hong Kong)