Investors' international law / [edited by] Jean Ho and Mavluda Sattorova.

Format:

Book

Author/Creator:

Ho, Jean, Editor.

Contributor:

Sattorova, Mavluda, editor.

Ho, Jean, editor.

Series:

Studies in International Trade and Investment Law

Studies in International Trade and Investment Law.

Language:

English

Subjects (All):

Investments, Foreign (International law).

Investments, Foreign--Law and legislation.

Investments, Foreign.

Investments--Moral and ethical aspects.

Investments.

Physical Description:

1 online resource (450 pages)

Edition:

First edition.

Place of Publication:

Bloomsbury Publishing 2021

Summary:

"International investment law is at the edge of crisis. After nearly a century of being a trusty amulet for investor protection from States, it is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Policymakers, legal practitioners and civil society groups are increasingly calling for the dismantling or rewriting of the international law governing investors. 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. Despite the growing body of literature on the topic of investor accountability, broader and more profound issues of substantive rules on and regimes governing investor obligations and responsibilities remain underexplored. It is this gap in the literature that this collection seeks to narrow by offering a fresh, 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. Each chapter in the book addresses a different and underexplored dimension of investor accountability, thus offering a novel and consolidated study of international law. This 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."-- Provided by publisher.

Contents:

Introduction - Jean Ho & Mavluda Sattorova

PART 1: A SHIFT IN EMPHASIS FROM INVESTOR PROTECTION TO INVESTOR ACCOUNTABILITY

1.International Law's Opportunities for Investor Accountability - Jean Ho

PART 2: SOURCING DIFFERENT INVESTOR OBLIGATIONS

2.Investor obligations to do good: harnessing investment for socially inclusive development- Mavluda Sattorova

3.Corruption as an International Wrong - Jackson Shaw Kern

4.Crafting Enforceable Environmental Obligations for Investors - Priscilla Pereira de Andrade & Nitish Monebhurrun

5.Investor Obligations and Responsibility Amid Armed Conflict - Jure Zrilic

6.International Investment Law and Local Communities: Is There a Way Forward? - Lorenzo Cotula & Nicolás Perrone

7.Investor Obligations in Investment Treaties: Missing Text or a Matter of Application? - Prabhash Ranjan

PART 3: ISSUES IN CORPORATE INVESTOR OBLIGATIONS AND ACCOUNTABILITY

8.The Role of Corporate Soft Law Responsibilities in Defining Investor Obligations in International Investment Agreement - Barnali Choudhury

9.Risk Distribution in International Law: Corporate Legal Form and Investment Law as Tools of Risk Avoidance- Anil Yilmaz Vastardis

10.Applying International Humanitarian Law to Corporations: Lessons from the United States - Julian Ku

PART 4: THE INSTITUTION OF INVESTOR ACCOUNTABILITY

11.Reprisals Against Illegal Investments- Martin Andrew Jarrett

12.Investor Obligations in Counterclaims Before Investor-State Tribunals- Tomoko Ishikawa

13.Sword and Shield? The Role of International Law in Transnational Corporate Responsibility Litigation- Andrew Sanger

14.Conclusion - Surya Deva.

Notes:

Includes bibliographical references and index.

ISBN:

9781509937943

1509937943

9781509937936

1509937935

OCLC:

1259589751