JOURNAL ARTICLE
Corporate Accountability to Local Communities for Investment-Related Harms: The Elusive Promise of Balanced Investment Treaties.
Published In: African Journal of International & Comparative Law, 2023, v. 31, n. 3. P. 333 1 of 3
Database: Africa Studies Source 2 of 3
Authored By: Nyinevi, Christopher Yaw 3 of 3
Abstract
By establishing an investment project or undertaking abroad, a multinational corporation does not only create a relationship between itself and the host state, but also with its local communities, which are often adversely impacted by the conduct or business operations of the investor. Yet the international investment law system has been lopsided. It creates various substantive and procedural protections for investors that they may enforce against the host state in international arbitration. But generally neither the host state nor its local communities adversely impacted by the conduct or business operations of an investor have similar rights. This article examines balanced investment treaties, one of the measures states have recently begun to adopt to remedy the unequal investment law regime. It concludes that, while this new generation of treaties may level the playing field between investors and host states, they do not go far enough to effectively address the peculiar challenges of local communities that suffer investment-related harms. [ABSTRACT FROM AUTHOR]
Additional Information
- Source:African Journal of International & Comparative Law. 2023/08, Vol. 31, Issue 3, p333
- Document Type:Article
- Subject Area:Business and Management
- Publication Date:2023
- ISSN:0954-8890
- DOI:10.3366/ajicl.2023.0452
- Accession Number:172448952
- Copyright Statement:Copyright of African Journal of International & Comparative Law is the property of Edinburgh University Press and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
Looking to go deeper into this topic? Look for more articles on EBSCOhost.