Corporate environmental responsibility in investor-State dispute settlement : The Unexhausted Potential of Current Mechanisms.
2022
341.63:349.6 I845
Items
Details
Title
Corporate environmental responsibility in investor-State dispute settlement : The Unexhausted Potential of Current Mechanisms.
Author
Imprint
Cambridge : Cambridge University Press, 2022.
Language
English
Description
xxxix, 302 pages ; 25 cm.
ISBN
1009084739
9781009084734
9781009076425
9781316513972
9781009084734
9781009076425
9781316513972
Summary
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
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
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
Included in UNCITRAL bibliography on investor-State dispute settlement
Call Number
341.63:349.6 I845
Record Appears in
Item Details
Location
UNCITRAL
Call Number
341.63:349.6 I845