Obtaining Damages for Corporate Human Rights Violations in Investment Arbitration

Document Type : Original Article

Author

UBC Peter A. Allard School of Law, British Columbia, Canada

Abstract

Over the past decades, transnational corporations have come under increasing public scrutiny for their involvement in human rights abuses, particularly in developing countries. One may think of violent acts against local communities, slave labor, and grand-scale environmental pollution. International investment law protects and safeguards the rights of foreign investors but falls short of holding them accountable to societies where they operate. A few arbitral tribunals have grappled with the question of whether corporations could be held accountable for illegalities that constitute human rights violations inflicted upon the host state and its people. Arbitral case law suggests that the outcome of the case as to whether host states ought to be compensated for such violations varies based on how the illegal conduct is framed and the source of the liability-creating rules alleged to have been breached. This article discusses the arbitral treatment of corporate human rights violations by investment tribunals (Incomplete)..

Keywords

Main Subjects


Volume 3, Issue 5
April 2022
Pages 39-51
  • Receive Date: 29 December 2021
  • Revise Date: 07 March 2022
  • Accept Date: 09 March 2022
  • First Publish Date: 09 March 2022