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Investment Treaty Law, Sustainable Development and Responsible Business Conduct: A Fact Finding Survey

Author

Listed:
  • Kathryn Gordon

    (OECD)

  • Joachim Pohl

    (OECD)

  • Marie Bouchard

    (OECD)

Abstract

Investment treaty law – which is scattered over 3 000 international investment agreements adopted over a period of 50 years – is a crucial but complex basis for regulating international investment flows. Investment treaties are often thought to be silent on investors’ responsibilities to host societies and on their contributions to sustainable development. The present paper establishes a factual and statistical basis for understanding the relationship between investment treaty law and governments’ ability to advance the sustainable development agenda and promote responsible business conduct. The paper presents survey results of 2 107 investment treaties and 1 113 treaty-based arbitration cases in order to shed light on how (if at all) labour, environmental, human rights and anti-corruption considerations are referred to in investment treaties and investor-state arbitration cases based on them.

Suggested Citation

  • Kathryn Gordon & Joachim Pohl & Marie Bouchard, 2014. "Investment Treaty Law, Sustainable Development and Responsible Business Conduct: A Fact Finding Survey," OECD Working Papers on International Investment 2014/1, OECD Publishing.
    • Handle: RePEc:oec:dafaaa:2014/1-en
    DOI: 10.1787/5jz0xvgx1zlt-en
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    Citations

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    Cited by:

    1. Anna Aseeva, 2018. "(Un)Sustainable Development(s) in International Economic Law: A Quest for Sustainability," Sustainability, MDPI, vol. 10(11), pages 1-30, November.
    2. Mihaela-Maria Barnes, 2019. "State-Owned Entities as Key Actors in the Promotion and Implementation of the 2030 Agenda for Sustainable Development: Examples of Good Practices," Laws, MDPI, vol. 8(2), pages 1-22, April.
    3. Polanco, Rodrigo, 2022. "Sustainable Development in Chilean International Investment Agreements," Papers 1376, World Trade Institute.
    4. Qi Meng & Muhammad Mohiuddin & Yuliang Cao, 2022. "Sustainable Production Clauses and Positioning in the Global Value Chain: An Analysis of International Investment Agreements (IIA) of the ICT Industry in Developing and Developed Markets," Sustainability, MDPI, vol. 14(4), pages 1-17, February.
    5. Karl P. Sauvant, 2021. "Improving the distribution of FDI benefits: The need for policy-oriented research, advice, and advocacy," Journal of International Business Policy, Palgrave Macmillan, vol. 4(2), pages 244-261, June.
    6. Chao Wang & Jing Ning & Xiaohan Zhang, 2021. "International Investment and Indigenous Peoples’ Environment: A Survey of ISDS Cases from 2000 to 2020," IJERPH, MDPI, vol. 18(15), pages 1-13, July.
    7. Amaya Muñoz, Wilson Enrique & Barón Ortegón, Brayan Alexander & Páramo Herrera, Isis Catalina & Martínez Castellanos, Antonio José, 2015. "Environmental human rights issues on international investment arbitration and economic development: perspectives and legal approach," MPRA Paper 74912, University Library of Munich, Germany.

    More about this item

    Keywords

    bribery; corruption; environmental law; investment treaties; investor state arbitration; ISDS; labour law;
    All these keywords.

    JEL classification:

    • F23 - International Economics - - International Factor Movements and International Business - - - Multinational Firms; International Business
    • F53 - International Economics - - International Relations, National Security, and International Political Economy - - - International Agreements and Observance; International Organizations
    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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