This book explores the potential of the current investor-state dispute settlement (ISDS) mechanism to materialise the responsibility of foreign investors through the states' counterclaims and defences at the jurisdictional, merits, and quantum phases. In doing so, it seeks to incorporate the recent developments of ISDS in both international and domestic laws of certain jurisdictions on corporate responsibility, including the parent company's due diligence and legal effects of corporations' voluntary commitments. The book also reflects the interests and perspectives of the victims who suffered loss and injury due to investors' conduct. The author demonstrates that the current system does have the inherent potential to advance responsible investment, even though reforms are needed to overcome its limitations. Fully utilising this potential to reflect investor responsibility in IIA-based dispute settlement mechanisms will help to develop practices based on greater due diligence and responsible business conduct.
This book explores the inherent potential to reflect the responsibility of foreign investors in the existing investor-state dispute settlement (ISDS) mechanism, providing guidance on what can be done in the current mechanism to advance responsible investment. It also reveals its limitations that should inform the ongoing ISDS reform discussions.
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Explores the 'unexhausted' potential in current investor-state dispute settlement mechanisms to advance investors' responsibility for their conduct.
1. Introduction: corporate responsibility and the 'one-sidedness' of investment law;
2. Corporate environmental and human rights obligations in international law: outside and inside the IIA regime;
3. Counterclaims: benefits, normative grounds and limits;
4. Counterclaims: jurisdiction and admissibility;
5. Counterclaims: merits;
6. Corporate environmental responsibility and the investor's principal claims;
7. Conclusion: implications for reform.
Tomoko Ishikawa is Professor at Nagoya University in Japan. She is a member of the ICSID Panel of Conciliators, appointed by the ICSID Administrative Council. Her professional experiences include serving as an Associate Judge at Tokyo District Court and holding the position of Deputy Director at the Ministry of Foreign Affairs of Japan.
