The International Law on Foreign Investment最新文献

Treaty-Based Investment Arbitration: Jurisdictional Issues 基于条约的投资仲裁:管辖权问题

The International Law on Foreign Investment Pub Date : 2021-07-01 DOI: 10.1017/9781316459959.013

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Causes of Action: Breaches of Treatment Standards 诉因:违反处理标准

The International Law on Foreign Investment Pub Date : 2021-07-01 DOI: 10.1017/9781316459959.014

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Compensation for Nationalisation of Foreign Investments 外国投资国有化补偿

The International Law on Foreign Investment Pub Date : 2021-07-01 DOI: 10.1017/9781316459959.016

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Defences to Responsibility and Beyond 责任防御及超越

The International Law on Foreign Investment Pub Date : 2021-07-01 DOI: 10.1017/9781316459959.017

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The Taking of Foreign Property 外国财产的占有

The International Law on Foreign Investment Pub Date : 2021-07-01 DOI: 10.1017/9781316459959.015

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Bilateral Investment Treaties 双边投资协定

The International Law on Foreign Investment Pub Date : 2021-07-01 DOI: 10.1017/9781316459959.009

Eamon Macdonald

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Index 指数

The International Law on Foreign Investment Pub Date : 2021-07-01 DOI: 10.1017/9781316459959.019

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Multilateral and Regional Instruments on Foreign Investment 关于外国投资的多边和区域文书

The International Law on Foreign Investment Pub Date : 2017-08-01 DOI: 10.1017/9781316459959.010

M. Sornarajah

{"title":"Multilateral and Regional Instruments on Foreign Investment","authors":"M. Sornarajah","doi":"10.1017/9781316459959.010","DOIUrl":"https://doi.org/10.1017/9781316459959.010","url":null,"abstract":"If states were in agreement as to the norms that constitute the international law of foreign investment, it would have been possible to agree on a multilateral agreement on foreign investment stating the substantive rules which apply in the area. The fact that no such multilateral agreements exist is due to the existence of conflicting approaches to the problem of foreign investment protection and the existence of contending systems relating to the treatment of foreign investment. Several attempts have been made at bringing about a comprehensive code on foreign investment, but they have resulted in failure simply because of the ideological rifts and clashes of interests that attend this branch of international law. Most drafts have been made with the objective of providing as much protection as is possible to foreign investment. These have been rejected by capitalimporting states. The entry into the picture of non-governmental organisations (NGOs) further complicates the picture. They object to multilateral agreements which concentrate on investment protection exclusively without addressing issues relating to environmental degradation or the human rights violations associated with foreign investment. Some of these organisations take the view that the development interests of the poor are not addressed through such instruments, which seek only to protect the rights of rich multinational corporations. The entry of NGOs as major players in the area has further complicated the issue of making such agreements. It is relevant to note that NGOs which supported the rights of foreign investors have been active in the field for a longer period of time. But, voices against confining the drafting of investment treaties to investment protection alone have increased as a result of the growing strength of the environmental and human rights groups entering this sphere. They provide support to developing countries, which do not support multilateral codes which restrict their ability to regulate foreign investment significantly and which deny them the power to negotiate treaties bilaterally. The fear also is that, once a multilateral treaty is created, higher standards could be obtained through bilateral negotiations. Given that multilateral treaties cannot come about, effort has been made to create regional treaties that are led by a single state. The Trans Pacific Partnership (TPP), which was signed in January 2016 but is yet to be ratified, is a case in point. It contains an investment chapter along with international trade chapters.","PeriodicalId":150711,"journal":{"name":"The International Law on Foreign Investment","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125264573","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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The Shaping Factors 形成因素

The International Law on Foreign Investment Pub Date : 2017-07-06 DOI: 10.4324/9781315115498-2

L. Furst, Peter N. Skrine

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The Liability of Multinational Corporations and Home State Measures 跨国公司的责任与母国措施

The International Law on Foreign Investment Pub Date : 2010-05-01 DOI: 10.1017/cbo9780511841439.007

M. Sornarajah

{"title":"The Liability of Multinational Corporations and Home State Measures","authors":"M. Sornarajah","doi":"10.1017/cbo9780511841439.007","DOIUrl":"https://doi.org/10.1017/cbo9780511841439.007","url":null,"abstract":"Unlike under the old law, there is now an increasing expectation, particularly among developing countries and non-governmental organisations (NGOs), that home states of multinational corporations should exert control over the activities of their corporate nationals operating overseas. This expectation is confirmed by a UN report which affirms a responsibility on the part of states to deter human rights violations by multinational corporations and to offer remedies through their national courts for harm caused to individuals in the host states. There is an obligation to take measures that seek to ensure that multinational corporations do not act to the detriment of host developing states. This chapter concentrates on such measures. The rationale is that developed states owe such a duty of control to the international community and do in fact have the means of legal control over the conduct abroad of their multinational corporations. In moral terms, the activities of multinational corporations eventually benefit the home state's economic prosperity. The argument is that it is therefore incumbent on the home state to ensure that these benefits are not secured through injury to other states or to the international community as a whole. The early law concentrated only on the protection of foreign investment through the diplomatic intervention of the home state. However, there is now an evolution of the notion that the home state has duties as well as rights in matters relating to foreign investment which require the home state to intervene to ensure that its multinational corporations act in accordance with emerging standards that require their accountability. As a matter of state responsibility, it may be possible to argue that a multinational corporation is constituted an agent of its parent state. It is encouraged to invest abroad. Its profits are taxed by the home state. It is given diplomatic and other protection by the home state. In such circumstances where the host state knowingly permits the activity of a multinational corporation which violates human rights or environmental interests, it bears responsibility for such violations as it can be said to have acted with knowledge of the acts of an agent or carried a duty of preventing such harm. The responsibility of a state for the acts of its agents abroad is well recognised. It is also relevant that a home state that does not interfere assists in the violation of conventions containing international obligations that its agent violates.","PeriodicalId":150711,"journal":{"name":"The International Law on Foreign Investment","volume":"122 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133103586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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