Shaping responsible business conduct through a Multilateral Treaty on Due Diligence

Human rights and environmental due diligence to ensure responsible business conduct is leaving the sphere of soft law to integrate the legal fabric of several countries and the EU. To ensure a level playing field, it is time to negotiate a Multilateral Treaty on Due Diligence. OECD would be the most suitable forum

通过多边尽职调查协定促进负责任商业行为

This Perspective explores the implications for the home countries of large MNEs of the agreement reached by over 140 countries in 2021 to enact a corporate minimum tax of 15%. It argues that the corporate minimum tax complements the trend to reduce the negative impact of unfettered globalization on labor, and it protects the ability of home countries to finance a robust social safety net. Home countries should adopt the corporate minimum tax, and that includes the US, which last year failed to adapt its Global Intangible Low-Taxed Income approach to the corporate minimum tax

Improving the System of Investor-State Dispute Settlement

Investor-state dispute settlement mechanisms embodied in most investment treaties provide rights to foreign investors to seek redress for damages arising out of alleged breaches by host governments of investment-related obligations. The system of investment dispute settlement has borrowed its main elements from the system of commercial arbitration despite the fact that investor-state disputes often raise public interest issues which are usually absent from international commercial...

Relations entre les accords internationaux sur l’investissement

<P>Les accords bilatéraux, régionaux et multilatéral se sont multipliés ces dix à vingt dernières années et de nouveaux accords sont actuellement négociés. Il est donc quasiment certain que, pendant quelque temps encore, il continuera de coexister des accords relatifs à l’investissement international présentant des modalités différentes et conclus par des groupes de pays différents, qui se chevaucheront plus ou moins. Il importe par conséquent de comprendre comment ces accords continueront d’interagir et comment gérer harmonieusement ces chevauchements et ces différences.</P><P>La présente étude, compte dûment tenu de la complexité des questions, a pour but de faire mieux comprendre les relations entre les accords internationaux sur l’investissement (AII) à partir d’une analyse des principaux accords de ce type et de l’expérience accumulée par l’OCDE concernant la relation entre ses propres instruments et les autres accords existants.1 </P><P>Le plan de l’étude est le suivant ...</P>

Relationships between International Investment Agreements

International, bilateral and regional agreements have proliferated in the last ten years to twenty years and new ones are still being negotiated. It is thus virtually certain that for some more time to come international investment disciplines will continue to co-exist side by side with different terms and sets of parties, and various degrees of overlap. It is therefore important to understand how these agreements would continue to interact and how their overlaps and differences could be managed in a harmonious way. The present study, with due regard to the complexity of the issues, seeks to increase the level of understanding of the relationships between international investment disciplines, drawing on an analysis of key international investment agreements (IIAs) and OECD’s experience with the relationship between its own instruments and other relevant agreements.1 The study is organised as follows. Section 1 broadly states the issues being addressed in the paper ...

Challenges Facing Investment Disputes: Reconsidering Dispute Resolution in International Investment Agreements

This volume brings together significant contributions from leading voices in academia, the legal profession and government on the increasingly important topic of international investment and the legal system in which it operates. With the burgeoning size of international capital flows matched only by an explosion in international agreements intending to regulate the field, there is increasing potential for incoherence amongst and between treaties and arbitral decisions. Appeals Mechanism in International Investment Disputes compiles, compares and contrasts the analysis and arguments of the leading scholars, practitioners and government officials on the future of the international investment law regime. Its special emphasis is on the question of an appellate body for international investment disputes. The authors also seek ways to streamline and improve the system, channeling the benefits of free trade and investment flows to people in both the developing and emerging markets. The Appendices provide readers with extensive background material to place the chapters into context. Selected sections include concise commentaries to further illuminate the timely themes covered by the chapters. The volume is singular in its success at bringing together so many exceptional individuals on a question of growing import-how to improve the international law regime to increase prosperity and further global development. If a reader wants to know what the influential voices in international law are saying right now, and in a concise and readable format, this is the publication to have.https://digitalcommons.wcl.american.edu/facsch_bk_contributions/1389/thumbnail.jp

Challenges Facing Investment Disputes: Reconsidering Dispute Resolution in International Investment Agreements

This volume brings together significant contributions from leading voices in academia, the legal profession and government on the increasingly important topic of international investment and the legal system in which it operates. With the burgeoning size of international capital flows matched only by an explosion in international agreements intending to regulate the field, there is increasing potential for incoherence amongst and between treaties and arbitral decisions. Appeals Mechanism in International Investment Disputes compiles, compares and contrasts the analysis and arguments of the leading scholars, practitioners and government officials on the future of the international investment law regime. Its special emphasis is on the question of an appellate body for international investment disputes. The authors also seek ways to streamline and improve the system, channeling the benefits of free trade and investment flows to people in both the developing and emerging markets. The Appendices provide readers with extensive background material to place the chapters into context. Selected sections include concise commentaries to further illuminate the timely themes covered by the chapters. The volume is singular in its success at bringing together so many exceptional individuals on a question of growing import-how to improve the international law regime to increase prosperity and further global development. If a reader wants to know what the influential voices in international law are saying right now, and in a concise and readable format, this is the publication to have.https://digitalcommons.wcl.american.edu/facsch_bk_contributions/1389/thumbnail.jp