Solidarity and corruption - the responsibility of foreign investors’ home states

Ole Kristian Fauchald analyzes solidarity and corruption in the context of the responsibility of foreign investors’ home states. The duty of foreign investors’ home states to combat corruption is related to the right to international solidarity. The duties of the investors’ home state corresponds to the right of solidarity of those affected by foreign investments in terms of preventing and addressing the negative consequences of corruption. The relative roles of the investors’ home and host states are both distinct and overlapping. Prevention of corrupt practices and prosecution of investors are matters subject to overlapping jurisdictions of the host and the home states. In light of the right to solidarity, particular attention will be paid to the investors’ contribution to corruption, and the home states’ jurisdiction over and duty to control such conduct. From the perspective of the host state to an investment, the question is partly how its authorities can seek assistance from prospective investors’ home states in order to prevent corruption, and partly how persons and authorities affected by foreign investors’ misconduct can seek effective remedies through public institutions within the investors’ home states. The contribution shall analyze the implications of the right to international solidarity for the duties of the home states in these regards.