The Tripartite Dimension of Conflicts of Interests - Workers, Foreign Investors and Host States in the Energy Sector

Forthcoming publication in E. de Brabandere, T. Gazzini (eds), Foreign Investment in the Energy Sector: Balancing Private and Public Interests (Leiden/Boston, Martinus Nijhoff Publishers)

Grotius Centre Working Paper 2013/010-IEL

Leiden Law School Research Paper Forthcoming

24 Pages Posted: 18 Nov 2013

See all articles by Yannick Radi

Yannick Radi

University of Louvain (UCL) - School of Law

Date Written: May 6, 2013

Abstract

This chapter unravels and analyses the labour issues that exist in the energy sector, i.e. the oil and gas sector, and examines how international investment law can be used to address these issues. It puts forth that contrary to investment arbitration that is characterized by the public/private conflict of interests, labour issues result from conflicts of interests having a ‘tripartite dimension’ inasmuch as they involve the private interest of foreign investors, the public interest of workers and other states’ public interest, e.g. national security. This chapter further claims that the ‘sustainable development’ provisions characteristic of the new generation of IIA and in particular FTA have the potential to address these labour issues and their underlying conflict of interests, especially those existing within the ‘box’ of the public interest. It concludes that this tripartite understanding of the conflicts of interests is not merely relevant to discuss the labour issues in the energy sector, but more generally that it is applicable both to other sectors beyond the energy sector and to other ‘humanitarian’ issues beyond labour issues.

Keywords: International investment law; international investment agreements; sustainable development; labour conditions and standards; ILO; energy sector; oil and gas sector

Suggested Citation

Radi, Yannick, The Tripartite Dimension of Conflicts of Interests - Workers, Foreign Investors and Host States in the Energy Sector (May 6, 2013). Forthcoming publication in E. de Brabandere, T. Gazzini (eds), Foreign Investment in the Energy Sector: Balancing Private and Public Interests (Leiden/Boston, Martinus Nijhoff Publishers), Grotius Centre Working Paper 2013/010-IEL, Leiden Law School Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=2355925

Yannick Radi (Contact Author)

University of Louvain (UCL) - School of Law ( email )

University of Louvain (UCL) - School of Law
Place Montesquieu 2
Ottignies-Louvain-la-Neuve, 1348
Belgium

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
103
Abstract Views
783
Rank
483,767
PlumX Metrics