Research on the Arbitrability of Obligations Arising from Corporate Social Responsibility Clauses in International Investment Treaties
Clarifying the corporate social responsibility clause as a factor for consideration in investment arbitration helps to determine the liability of the enterprise in tribunal's decisions and to prevent host countries from discriminating against investors under the guise of human rights concerns.The obligations arising from corporate social responsibility clauses encompass both those of host countries and investors.Domestic regulatory frameworks align with corporate social responsibility clauses,enhancing regulatory standards and ensuring the implementation of corporate social responsibility in areas such as human rights,environment,and labor.Investors should adhere to the corporate social responsibility standards recognized by the host country.Enterprises'compliance with corporate social responsibility as mandated by domestic law is equivalent to fulfilling their treaty obligations.Thus,a robust link has been established between national investment measures and corporate social responsibility clauses.The paradigm of balancing test inspection chosen by the arbitral tribunal can be divided into two phases.In the first phase,corporate social responsibility claims relating to substantive issues are identified by margin of appreciation.In the second phase,a balancing test aligned with treatments of foreign investors is applied.This paradigm should respect the host country's preference for social values and exclude measures of protectionism.Ultimately,for the arbitral tribunal,any paradigm should not result in judicial law-making.
Corporate Social ResponsibilityInvestment ArbitrationBalancing TestArbitrability
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维普
