We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
Corporate Environmental Responsibility in Investor-State Dispute Settlement Merits
Published online by Cambridge University Press: 24 November 2022
This chapter addresses the application of the host state’s domestic laws and international norms to the determination of the merits and remedy of counterclaims, as well as the consequences of such an application. It starts by examining certain controversies over the application of domestic law in investment arbitration to conclude that none of them constitutes an obstacle to its application for the determination of counterclaims. It proceeds to examine counterclaims based on the investor’s international responsibility. After concluding that the difficulty of identifying ‘secondary rules’ that determine the consequences of the investors’ asserted breach of international law can be an obstacle to such counterclaims, it examines the potential of the domestic law as a provider of a remedy for corporations’ breach of international obligations. The chapter then examines the potential role of CSR commitments as a ground for counterclaims by discussing the possibility that the investor’s breach of the former may give rise to legal responsibility under domestic law (e.g. civil tort law), thereby providing grounds for a counterclaim.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
