Mapping Private Companies' Duties in International Investment Law

28 Pages Posted: 2 Nov 2017

See all articles by Nitish Monebhurrun

Nitish Monebhurrun

University Center of Brasília; Université Paris I Panthéon-Sorbonne - Sorbonne Law School

Date Written: October 31, 2017

Abstract

On the basis of notorious evidence of corporate misconduct and of the legal difficulty to ascertain private companies’ liability in international law, this article seeks to map such companies’ duties in international investment law. This is undertaken by perusing how this law field makes provision and room for the issue of corporate social responsibility. As such, a trend exists in recent investment agreements and also in the arbitral jurisprudence which oversees investors’ malpractices so as to, firstly, foster a culture of corporate social responsibility and to, secondly, evaluate their intrinsic legal protection. The present article maps this general direction of duly considering investors’ duties while assessing their claims and discusses the legal purpose(s) of the new reference to corporate social responsibility in international investment law.

Keywords: investors’ duties, corporate social responsibility, clean hands

JEL Classification: k33

Suggested Citation

Monebhurrun, Nitish, Mapping Private Companies' Duties in International Investment Law (October 31, 2017). Available at SSRN: https://ssrn.com/abstract=3062912 or http://dx.doi.org/10.2139/ssrn.3062912

Nitish Monebhurrun (Contact Author)

University Center of Brasília ( email )

Université Paris I Panthéon-Sorbonne - Sorbonne Law School ( email )

12 Place du Panthéon
Paris, 75005
France

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