Explores the 'unexhausted' potential in current investor-state dispute settlement mechanisms to advance investors' responsibility for their conduct.
Note
Description based upon print version of record. 2.3.1 Towards Greater Recognition of the Host State's Regulatory Power: 'No Lowering of Standards' Clauses and General Exception Clauses
Formatted Contents Note
Cover Half-title Title page Copyright information Contents List of Figures Acknowledgements Table of Cases Investor-State Arbitrations Other Investor-State Dispute Documents International Court of Justice and Permanent Court of International Justice Inter-American Court of Human Rights Inter-American Commission of Human Rights Iran-United States Claims Tribunal European Court of Justice and Court of Justice of European Union European Court of Human Rights Other International Cases Domestic Cases Canada Ecuador France India
The Netherlands Norway United Kingdom United States of America Table of Treaties, Legislation, and Other Documents Treaties (Other than International Investment Agreements) United Nations Documents Other Documents European Union Laws and Regulations Domestic Laws France Germany India Indonesia Japan Malawi Mauritius Peru United Kingdom United States of America List of Abbreviations 1 Introduction: Corporate Responsibility and the 'One-Sidedness' of Investment Law
1.1 Introduction: Protection of Transnational Corporations in International Law 1.2 Environmental and Human Rights Impact of TNC Activities 1.3 IIA-Based Dispute Settlement as a Forum to Examine States' Responsibility 1.4 The Asymmetry Concern: Call for Reform of the Current IIA Regime 1.5 Aims and Scope of This Study 1.5.1 Exploring the Unexhausted Potential of the Current Framework 1.5.2 Investors' Environmental and Human Rights Responsibilities 1.5.3 Conceptual Clarifications: TNCs, Investors, and FDI 1.6 Structure of the Book 1.7 Methodology 1.8 Conclusion
2 Corporate Environmental and Human Rights Obligations in International Law: Outside and Inside the IIA Regime 2.1 Introduction: Limitations in Domestic Legal Systems 2.1.1 Regulating TNCs and Pursuing Their Responsibility in the Host State 2.1.2 Pursuing TNCs' Responsibility in the Home State 2.1.3 Pursuing TNCs' Responsibility in the United States under the Alien Tort Statute (ATS) 2.2 International Obligations and Responsibilities of TNCs Outside the IIA Regime 2.2.1 TNCs' Capacity as Bearers of International Obligations
2.2.2 International Agreements on Responsibilities of TNCs 2.2.2.1 Attempts to Develop Binding Norms and TNCs' Human Rights Responsibility 2.2.2.2 TNCs' Obligations in International Environmental Law 2.2.2.3 TNCs' Obligations under Customary International Law 2.2.2.4 Lack of an Enforcement Mechanism for TNCs' International Obligations 2.2.3 Soft Law Instruments on Corporate Social Responsibility (CSR) 2.2.3.1 Development of the Concept of CSR 2.2.3.2 International 'Soft Law' Instruments to Advance CSR 2.3 International Obligations and Responsibilities of Investors in IIAs
Indexed In
Bibliography of recent writings related to the work of UNCITRAL, 58th Session, 2025, Vienna. Included in UNCITRAL bibliography on investor-State dispute settlement