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Incorporating Obligations of Investors in BITs
October 15, 2021 At 7:30 am to 9:00 am EDT
With a limited number of exceptions, investment treaties do not contain obligations for investors. Achieving a balanced international investment order, however, may require more than the obligations of host States to respect international investment standards of protection. It may require that investors observe certain general principles of law including good faith when they make their investments, as well as social corporate responsibility standards. This panel will address the following issues:
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- How to build a treaty architecture that could result in international obligations for foreign investors even though, technically, investors are not parties to investment treaties?
- The pros and cons of supplementing the ISDS system with treaties that in addition to the obligations of States to respect international standards of protection of foreign investors and their investments, will include social corporate responsibility obligations on foreign investors related to minimum international labor and environmental standards, and
- Whether rethinking investment treaties may contribute to greater observance and enforcement of social corporate responsibility obligations?
