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Corporate Environmental Responsibility in Investor-State Dispute Settlement

Corporate Environmental Responsibility in Investor-State Dispute Settlement

Corporate Environmental Responsibility in Investor-State Dispute Settlement

The Unexhausted Potential of Current Mechanisms
Tomoko Ishikawa, Nagoya University, Japan
November 2022
Adobe eBook Reader
9781009084734
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    This book explores the potential of the current investor-state dispute settlement (ISDS) mechanism to materialise the responsibility of foreign investors through the states' counterclaims and defences at the jurisdictional, merits, and quantum phases. In doing so, it seeks to incorporate the recent developments of ISDS in both international and domestic laws of certain jurisdictions on corporate responsibility, including the parent company's due diligence and legal effects of corporations' voluntary commitments. The book also reflects the interests and perspectives of the victims who suffered loss and injury due to investors' conduct. The author demonstrates that the current system does have the inherent potential to advance responsible investment, even though reforms are needed to overcome its limitations. Fully utilising this potential to reflect investor responsibility in IIA-based dispute settlement mechanisms will help to develop practices based on greater due diligence and responsible business conduct.

    • First attempt to apply possible legal effects of Corporate Social Responsibility commitments to the IIA-based dispute settlement mechanism
    • Offers ways of materialising investors' responsibilities utilising the current framework
    • Provides analysis of recent trends towards greater recognition of corporate due diligence/responsible business conduct

    Product details

    November 2022
    Adobe eBook Reader
    9781009084734
    0 pages
    This ISBN is for an eBook version which is distributed on our behalf by a third party.

    Table of Contents

    • 1. Introduction: corporate responsibility and the 'one-sidedness' of investment law
    • 2. Corporate environmental and human rights obligations in international law: outside and inside the IIA regime
    • 3. Counterclaims: benefits, normative grounds and limits
    • 4. Counterclaims: jurisdiction and admissibility
    • 5. Counterclaims: merits
    • 6. Corporate environmental responsibility and the investor's principal claims
    • 7. Conclusion: implications for reform.