Bridging the Gap between Foreign Investor Rights and Obligations

Towards Reimagining the International Law on Foreign Investment

Bibliographic Data

ID13019271
AuthorsNicolás M Perrone (0000-0003-4846-1044, University of Valparaíso, corresponding author)
Year2022
Volume7
Issue3
Pages375-396
Publication date2022-07-21
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueBusiness and Human Rights Journal (JOURNAL)
Journal identifiersISSN: 2057-0198 • E-ISSN: 2057-0201
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/bhj.2022.16
OpenAlexW4286007658
LanguageEN
Citations received6
References cited21

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

Economics · Foreign direct investment · Human rights · International human rights law · International law · International trade · Investment (military · Law and economics · Open-ended investment company · Political science · Return on investment · Treaty · Corporate Law and Human Rights · International Arbitration and Investment Law · International Law and Human Rights · Law

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