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2023 - Bueno et al - Investor Obligations_AM
Journal article

Investor Human Rights and Environmental Obligations: The Need to Redesign Corporate Social Responsibility Clauses

UniDistance Suisse

  • 2023
Published in:
  • Journal of World Investment and Trade. - accepted manuscript. - 2023
Access to Remedy
Business and Human Rights
Investor Accountability
Investor Obligations
Investor Liability
English The article explores the utility of corporate social responsibility (CSR) clauses in international investment agreements to achieve responsible investor conduct on human rights and environmental protection. It provides an empirical overview of the content of such CSR clauses and offers a critical analysis on how and why these clauses, regardless of their formulation, have not yet led to effective investor accountability in relation to human rights or environmental issues. Building on the weaknesses identified, it proposes to design new clauses on “investor human rights and environmental obligations” that incorporate established international standards of responsible conduct, such as the OECD Guidelines and the UNGPs; directly address investors as duty-bearers; explicitly recognise affected communities as beneficiaries of the investor obligations; and clarify the central question of access to remedy by providing for clear mechanisms of foreign investor liability in both the domestic courts of the home state and of the host state, separated from any counterclaim a host state may raise in an arbitration proceeding
Research projects
Language
  • English
License
CC BY
Open access status
gold
Identifiers
Persistent URL
https://n2t.net/ark:/51647/srd1323767
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