Non-State Actors in International Investment Law: The Legal Personality of Corporations and NGOs in the Context of Investor-State Arbitration
PARTICIPANTS IN THE INTERNATIONAL LEGAL SYSTEM: MULTIPLE PERSPECTIVES ON NON-STATE ACTORS IN INTERNATIONAL LAW, Jean D'Aspremont, ed., pp. 360-371, Routledge-Cavendish, 2011
14 Pages Posted: 24 Jun 2011
Date Written: 2011
This article examines the old controversial question of the legal status of corporations under international law in light of new developments in the field of international investment law. It argues that corporations may be considered as subjects of international law in the context of bilateral investment treaties (BITs) and State contracts. This is because they hold rights under these legal instruments and are given the possibility to commence a direct claim against a State before an international tribunal. This international legal personality is, however, limited, derivative and passive.
This article will also examine the even more recent trend of participation by public interest groups, such as non-governmental organizations (“NGOs”), in investor-State arbitration. Such groups are increasingly being granted amicus curiae status in these proceedings. While these groups are sometimes given a limited participative role in arbitral proceedings, we will argue that they are not subjects of international law.
Keywords: BITs, investments, legal personality, subject, international law, corporations, NGOs
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