“Investor Duty” related provisions in International Investment Agreements from 2017 to 2022, an empirical analysis.

Abstract

For the past two decades, growing concerns have arisen about the potential negative impact of foreign investments on human rights and the environment. Indeed, while investors benefit from extensive rights under the International Investment Law system, they rarely have duties toward their Host State. This absence of investors' duties results in a tangible asymmetry. This lack of investors' obligations undermines the ability to ensure rights are upheld for the benefit of Host States and their populations. Thus, numerous claims have been made to “rebalance” International Investment Agreements. Some States have already answered the call and started to include “investor duty” related provisions within their International Investment Agreements. Such provisions include moral or legal obligations for investors and require them to abide by specific standards. As such, this thesis aims at answering whether treaties concluded in the last five years include “investor duty” related provisions that promote investors’ accountability. The study is conducted using empirical analysis and investigates 103 IIAs which were concluded between 2017 and 2022.