{"id":103,"date":"2016-06-08T15:46:38","date_gmt":"2016-06-08T19:46:38","guid":{"rendered":"http:\/\/www.iisd.org\/toolkits\/sustainability-toolkit-for-trade-negotiators\/?page_id=103"},"modified":"2018-01-24T22:27:32","modified_gmt":"2018-01-25T06:27:32","slug":"5-3-1-investor-obligations","status":"publish","type":"page","link":"https:\/\/www.iisd.org\/toolkits\/sustainability-toolkit-for-trade-negotiators\/5-investment-provisions\/5-3-investor-and-home-state-obligations\/5-3-1-investor-obligations\/","title":{"rendered":"5.3.1 Investor Obligations"},"content":{"rendered":"<p>Creating obligations for investors within an IIA would involve non-state actors\u2014private sector\u2014being covered and potentially liable under international law. This prospect has been long debated by jurists, but has gone from debate to reality during the past century, due to the increase in global economic cooperation, environmental deterioration and the awareness of human rights violations. For example, the Maritime Labor Convention directly imposes liabilities on ship owners; the Rome Statute of the International Criminal Court (ICC) grants the ICC jurisdiction over private individuals; various labour and human rights conventions also impose obligations on non-state actors.<sup>21<\/sup><\/p>\n<p>In the investment context, options range from a general restatement of the obligation of investors to comply with domestic law, to more specific obligations relating to issues such as corruption, fraud or environmental impact assessments. The latter may be particularly useful where domestic laws are not complete.<sup>22<\/sup> Such obligations could be enforced in different ways. The most comprehensive approach would be to set up a dedicated dispute settlement mechanism or process. This option goes beyond the scope of this paper and is not discussed here. Another option would be for delinquent investors to lose their rights under the treaty, including the right to access dispute settlement. This is reflected as an option in the language provided below. Finally, the treaty could direct tribunals to consider investors\u2019 behaviour when assessing whether the state has violated an obligation or when determining the level of compensation.<\/p>\n<p><a href=\"#_ftnref1\" name=\"_ftn1\"><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Creating obligations for investors within an IIA would involve non-state actors\u2014private sector\u2014being covered and potentially liable under international law. This prospect has been long debated by jurists, but has gone from debate to reality during the past century, due to the increase in global economic cooperation, environmental deterioration and the awareness of human rights violations.<a class=\"excerpt-read-more\" href=\"https:\/\/www.iisd.org\/toolkits\/sustainability-toolkit-for-trade-negotiators\/5-investment-provisions\/5-3-investor-and-home-state-obligations\/5-3-1-investor-obligations\/\" title=\"Read5.3.1 Investor Obligations\">&#8230; Read more &raquo;<\/a><\/p>\n","protected":false},"author":7,"featured_media":0,"parent":101,"menu_order":1,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":"2"},"class_list":["post-103","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.iisd.org\/toolkits\/sustainability-toolkit-for-trade-negotiators\/wp-json\/wp\/v2\/pages\/103","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.iisd.org\/toolkits\/sustainability-toolkit-for-trade-negotiators\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.iisd.org\/toolkits\/sustainability-toolkit-for-trade-negotiators\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.iisd.org\/toolkits\/sustainability-toolkit-for-trade-negotiators\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/www.iisd.org\/toolkits\/sustainability-toolkit-for-trade-negotiators\/wp-json\/wp\/v2\/comments?post=103"}],"version-history":[{"count":0,"href":"https:\/\/www.iisd.org\/toolkits\/sustainability-toolkit-for-trade-negotiators\/wp-json\/wp\/v2\/pages\/103\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/www.iisd.org\/toolkits\/sustainability-toolkit-for-trade-negotiators\/wp-json\/wp\/v2\/pages\/101"}],"wp:attachment":[{"href":"https:\/\/www.iisd.org\/toolkits\/sustainability-toolkit-for-trade-negotiators\/wp-json\/wp\/v2\/media?parent=103"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}