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Balancing Human Rights and Investor Protection: A New Approach for a Different Legal Order

By Todd Weiler


Recognizing the political need to show that transnational investors should shoulder \u22responsibilities\u22 in addition to the international \u22rights\u22 to which they are granted access under investment protection treaties, this Article proposes a sort of \u22counterclaim\u22 mechanism for use in future treaties. The mechanism would permit individuals who live in countries receiving foreign investment to bring claims against foreign investors for the violation of serious international rules by their agents or employees operating in the host country. Such rules would include safeguards for international human rights that might be violated in the operation of an investment, as has been documented recently before U.S. courts operating under the Alien Tort Claims Act. The Article concludes by providing an appendix with draft text that could be adopted by the negotiators of future bilateral investment treaties

Topics: Human Rights Law, International Law
Publisher: Digital Commons @ Boston College Law School
Year: 2004
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