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

See all articles by Patrick Dumberry

Patrick Dumberry

University of Ottawa - Civil Law Section

Erik Labelle-Eastaugh

affiliation not provided to SSRN

Date Written: 2011

Abstract

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

Suggested Citation

Dumberry, Patrick and Labelle-Eastaugh, Erik, Non-State Actors in International Investment Law: The Legal Personality of Corporations and NGOs in the Context of Investor-State Arbitration (2011). 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. Available at SSRN: https://ssrn.com/abstract=1871213

Patrick Dumberry (Contact Author)

University of Ottawa - Civil Law Section ( email )

57 Louis Pasteur Dr
Ottawa
Canada

HOME PAGE: http://www.droitcivil.uottawa.ca/index.php?option=com_contact&task=view&contact_id=148&Itemid=118

Erik Labelle-Eastaugh

affiliation not provided to SSRN

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