Quarterly Journal (December 2020)

ITN December 2020

Reconciling the rights of multinational companies under IIAs with the tort liability caused by their subsidiaries, by Pablo Agustín Escobar Ullauri

The return of investment screening as a policy tool, by Jonathan Bonnitcha

Are interpretative declarations appropriate instruments to avoid uncertainty? The cases of the Colombia–France BIT and the Colombia–Israel FTA, by Carolina Olarte-Bacares, Enrique Prieto-Rios & Juan P. Pontón-Serra

Does the investment treaty regime promote good governance? The case of mining in Santurbán, Colombia, by Anna Sands

Corporate investors’ nationality and reforming investment treaties: Can older-generation treaties undermine substantive reforms?, by Anil Yilmaz Vastardis

The human rights binding treaty negotiation from an international investment law perspective, by Joe Zhang

Incorporating corporate social responsibility within investment treaty law and arbitral practice: Progress or fantasy remedy?, by Claire Cutler & David Lark

Reconciling the rights of multinational companies under IIAs with the tort liability caused by their subsidiaries

Because of their structure, multinational corporations (MNCs) can resort to IIAs to protect their subsidiaries. At the same time, by virtue of the principles of corporate separation and limited liability, MNCs can take advantage of their structure to avoid liability for the damages caused by their subsidiaries. This paper highlights the need for a more balanced approach with regards to the rights and obligations of MNCs under IIAs.

The return of investment screening as a policy tool

One of the most striking trends in investment policy over the past decade has been the increased use of investment screening as a policy tool, particularly in developed economies, with the issue becoming more salient with the advent of the COVID-19 pandemic. This article provides an overview of these developments.

Are interpretative declarations appropriate instruments to avoid uncertainty? The cases of the Colombia–France BIT and the Colombia–Israel FTA

According to the Colombian Constitution, the Constitutional Court must assess the constitutionality of all international treaties after signature and prior to ratification. In two recent landmark decisions, the court assessed the constitutionality of the BIT signed with France in 2014 and of the FTA signed with Israel in 2013. This article examines these decisions and identifies some areas of concern.

Does the investment treaty regime promote good governance? The case of mining in Santurbán, Colombia

Investment treaties and arbitration are argued, by proponents of the regime, to contribute to “good governance” in host states. This article, based on an empirical study of mining investments in the Colombian páramo, argues that the conception of good governance promoted by investment arbitration is incomplete and does not adequately consider the role of courts in providing checks and balances.

Corporate investors’ nationality and reforming investment treaties: Can older-generation treaties undermine substantive reforms?

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The human rights binding treaty negotiation from an international investment law perspective

The sixth negotiation round for the binding treaty on business and human rights recently concluded. This article draws parallels between the issues raised during these negotiations and those that have been the focus of the ongoing conversations on investment arbitration reform.

Incorporating corporate social responsibility within investment treaty law and arbitral practice: Progress or fantasy remedy?

Recently, references to corporate social responsibility (CSR) have been included in investment treaties as a way to address some of the criticisms levelled at the investment protection regime. This article gives an overview of these attempts and the limitations of this approach. It concludes by arguing that the inclusion of CSR in investment treaties primarily serves to legitimate the regime.