Corporate Environmental Responsibility in Investor-State Dispute Settlement: The Unexhausted Potential of Current Mechanisms

by Tomoko Ishikawa

Overview

This book explores the potential of the current investor-state dispute settlement (ISDS) mechanism to materialise the responsibility of foreign investors through the states' counterclaims and defences at the jurisdictional, merits, and quantum phases. In doing so, it seeks to incorporate the recent developments of ISDS in both international and domestic laws of certain jurisdictions on corporate responsibility, including the parent company's due diligence and legal effects of corporations' voluntary commitments. The book also reflects the interests and perspectives of the victims who suffered loss and injury due to investors' conduct. The author demonstrates that the current system does have the inherent potential to advance responsible investment, even though reforms are needed to overcome its limitations. Fully utilising this potential to reflect investor responsibility in IIA-based dispute settlement mechanisms will help to develop practices based on greater due diligence and responsible business conduct.

Product Details

ISBN-13:	9781009077033
Publisher:	Cambridge University Press
Publication date:	11/14/2024
Pages:	342
Product dimensions:	5.98(w) x 9.02(h) x 0.71(d)

About the Author

Tomoko Ishikawa is Professor at Nagoya University in Japan. She is a member of the ICSID Panel of Conciliators, appointed by the ICSID Administrative Council. Her professional experiences include serving as an Associate Judge at Tokyo District Court and holding the position of Deputy Director at the Ministry of Foreign Affairs of Japan.

Table of Contents

1. Introduction: corporate responsibility and the 'one-sidedness' of investment law; 2. Corporate environmental and human rights obligations in international law: outside and inside the IIA regime; 3. Counterclaims: benefits, normative grounds and limits; 4. Counterclaims: jurisdiction and admissibility; 5. Counterclaims: merits; 6. Corporate environmental responsibility and the investor's principal claims; 7. Conclusion: implications for reform.