弥合外国投资者权利与义务之间的鸿沟:对外国投资国际法的重新构想

IF 2.3 Q3 BUSINESS

Business and Human Rights Journal Pub Date : 2022-07-21 DOI:10.1017/bhj.2022.16

Nicolás M. Perrone

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引用次数: 2

摘要

摘要本文建议将外国投资国际法的历史看作是对投资者权利的促进和对投资者义务的抵制。有人认为，投资保护和外国投资者责任之间的分歧是国际投资法最显著的特点之一。文章表明，对权利和义务的不同处理是基于相同的商业项目和法律想象。维持这种分歧从来都不是一件容易的事，因为这种模式面临阻力，特别是来自拉丁美洲、工会和人权活动家的阻力。分析最后指出，学术界可以通过拉近投资条约法与商业和人权的距离，为重新构想外国投资国际法做出贡献。这种转变已经发生了。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Bridging the Gap between Foreign Investor Rights and Obligations: Towards Reimagining the International Law on Foreign Investment

Abstract This article proposes to see the history of the international law on foreign investment as about the promotion of investor rights as much as the resistance to investor obligations. The argument is that the divide between investment protection and the responsibility of foreign investors is one of the most significant features of international investment law. The article shows that the different treatment of rights and obligations is grounded in the same business project and legal imagination. Maintaining this divide has never been easy, as this model faced resistance, particularly from Latin America, trade unions and human rights activists. The analysis concludes by noting that academics can contribute to reimagining the international law on foreign investment by bringing investment treaty law and business and human rights closer. This shift is already happening.

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来源期刊

Business and Human Rights Journal LAW-

CiteScore

3.30

自引率

13.60%

发文量

期刊介绍： The Business and Human Rights Journal (BHRJ) provides an authoritative platform for scholarly debate on all issues concerning the intersection of business and human rights in an open, critical and interdisciplinary manner. It seeks to advance the academic discussion on business and human rights as well as promote concern for human rights in business practice. BHRJ strives for the broadest possible scope, authorship and readership. Its scope encompasses interface of any type of business enterprise with human rights, environmental rights, labour rights and the collective rights of vulnerable groups. The Editors welcome theoretical, empirical and policy / reform-oriented perspectives and encourage submissions from academics and practitioners in all global regions and all relevant disciplines. A dialogue beyond academia is fostered as peer-reviewed articles are published alongside shorter ‘Developments in the Field’ items that include policy, legal and regulatory developments, as well as case studies and insight pieces.