Overcoming the Corporate Veil Challenge
Could Investment Law Inspire the Proposed Business and Human Rights Treaty
Bibliographic Data
| ID | 9932071 |
|---|---|
| Authors | Anil Yilmaz Vastardis (0000-0002-7992-0058, University of Essex, corresponding author), Rachel Chambers (0000-0002-2121-6674, University of Essex) |
| Year | 2018 |
| Volume | 67 |
| Issue | 2 |
| Pages | 389-423 |
| Publication date | 2018-04-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International and Comparative Law Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0020-5893 • E-ISSN: 1471-6895 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0020589317000471 |
| OpenAlex | W2769348079 |
| Language | EN |
| Citations received | 3 |
| References cited | 24 |
This article proposes a model of treaty-based veil piercing for civil liability claims by victims of human rights harm inflicted by businesses. The primary inspiration for this model comes from investment treaty provisions dealing with corporate investors. Our examination of investment law for this purpose exposes the double standard in the treatment of the corporate veil between these two remedy regimes, and offers a way to address this. The test we propose for lifting the veil in order to allow victims to claim against the parent company in a corporate group is one of ‘legal control’. It aims to capture cases where the parent did not necessarily take an active role in the subsidiary's business, but it is still treated as being in control of the subsidiary by virtue of its direct or indirect ownership or ability to appoint management
Business · Control (management · Economics · Harm · Human rights · Investment (military · Law and economics · Liability · Management · Order (exchange · Political science · Treaty · Corporate Law and Human Rights · Finance · International Arbitration and Investment Law · Law · Public Procurement and Policy
When BITs have some bite
Mobilizing for Human Rights
The Changing Face of Transnational Business Governance
Negotiating a Treaty on Business and Human Rights
Towards a New Treaty on Business and Human Rights
Protracted lawfare
The Effect of Treaties on Foreign Direct Investment
Assessing the Feasibility of a Business and Human Rights Treaty
Clash of Paradigms
Responsibility Beyond Borders
Bargaining over BITs, Arbitrating Awards
Why Should I Believe You? The Costs and Consequences of Bilateral Investment Treaties
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,5 |
| Citation span | 2020 - 2023 (4) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 3 |