The Role of Soft Law Corporate Responsibilities in Defining Investor Obligations in International Investment Agreement

Author ORCID Identifier

Barnali Choudhury: 0000-0002-5762-2957

Document Type

Book Chapter

Publication Date

7-23-2021

Source Publication

J. Ho & M. Sattorova (Eds.). Investors’ International Law (Studies in International Trade and Investment Law, pp. 151–168). Oxford: Hart Publishing.

Abstract

Do multinational corporations, particularly when acting as foreign investors, bear any obligations under international law? For the most part, the answer to this question must be answered in the negative since international law applies only to state and other international actors, and not to corporations. Certainly, that is the approach embodied in most international investment agreements (IIAs) which, despite offering multinational corporations numerous benefits, are reluctant, in most instances, to impose obligations on foreign investors. Indeed, state efforts to specify investor obligations in IIAs seem to suggest that without the inclusion of these new treaty provisions, multinational corporations and other foreign investor are free to act with impunity.

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