Public Interest and International Investment Law: A Critical Perspective on Three Mainstream Narratives

2021 ◽  
pp. 1-27
Author(s):  
Alessandra Arcuri ◽  
Federica Violi
Keyword(s):  
Public Interest ◽  
International Investment ◽  
Critical Perspective ◽  
International Investment Law ◽  
Investment Law

How to Include Environmental Protection, Human Rights and Sustainability in International Investment Law?

2014 ◽  
Vol 15 (3-4) ◽  
pp. 612-644 ◽  
Author(s):  
Karsten Nowrot
Keyword(s):  
Public Interest ◽  
International Investment ◽  
Potential Importance ◽  
Policy Space ◽  
International Investment Law ◽  
Economic Issues ◽  
Present Context ◽  
Policy Shift ◽  
Investment Law ◽  
Investment Agreements

The analysis takes a closer look at the options available to include non-economic issues in the provisions of something like an emerging eu model bit. The first part addresses some underlying reasons for the more recently visible policy shift in international investment law. The subsequent parts are devoted to a discussion of three different categories of regulatory means aimed at incorporating broader public interest concerns into the normative framework of investment agreements. In this connection, the second part provides some thoughts on respective indirect (interpretative) approaches. Subsequently, an assessment will be given of various regulatory options available to explicitly secure an appropriate policy space for host states based on so far rather uncommon stipulations in investment agreements. The fourth section discusses the competence of the treaty parties to exercise interpretative authority over their bits and the potential importance of this approach in the present context.

The Judicialisation of the Social License to Operate: Criteria for International Investment Law

2021 ◽  
Vol 22 (1) ◽  
pp. 92-128
Author(s):  
Raúl F. Zúñiga Peralta
Keyword(s):  
Public Interest ◽  
International Investment ◽  
International Investment Law ◽  
Social License To Operate ◽  
Legal Term ◽  
Social License ◽  
The Social ◽  
Investment Law ◽  
Bear Creek ◽  
The Relationship

Abstract The Social License to Operate (SLO) is a non-legal term which has been widely conceptualised as meaning a particular set of interactions between investors and affected communities. Within the international investment law field, even though tribunals previously analysed situations of social conflict, the wording SLO had never been considered by an investment tribunal until Bear Creek Mining Corporation v Republic of Peru. This article argues that if the SLO of the investment is involved in a dispute, tribunals should thoroughly analyse the relationship between the investor and the affected community and establish (judicialise) a standard of review for the investor’s conduct which should only include those aspects of the relationship that might be considered as affecting or forming part of the national public interest. In addition, this article puts forth the criteria for the judicialisation of the SLO in investment disputes, drawing upon the Bear Creek scenario as relevant background.

scholarly journals Sustainable International Investment Law after the Pax Americana: The BOOT on the Other Foot

2012 ◽  
pp. 325-348
Author(s):  
David Collins
Keyword(s):  
Public Interest ◽  
Direct Investment ◽  
Multinational Enterprises ◽  
Emerging Market ◽  
International Investment ◽  
International Investment Law ◽  
First Mover Advantage ◽  
Investment Law ◽  
Developed World ◽  
Positive Light

Rising foreign direct investment (‘FDI’) from emerging market economies has resulted in modifications to the existing regime of international investment law, created largely to serve the needs of Western multinational enterprises (MNEs) in the 20th Century. This article will examine the associated rejection of liberalization in favour of greater control by host states in the developed world. Some aspects of this process should be viewed in a positive light because of their acknowledgement of important public interest concerns, embracing principles of sustainability. While these regulatory restrictions on FDI may not in all instances have been pursued specifically to disadvantage emerging market MNEs, these firms may face difficulties that their western counterparts did not, entrenching so-called “first mover advantage”.

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