Corporate human rights obligations of investors in recent investment agreements: The progressive hardening process of CSR clauses
Since the earlier indirect Corporate Social Responsibility (CSR) provisions failed to hold investors responsible for human rights abuses, the recent hardening process of direct CSR clauses has resulted in incorporating CSR clauses under sections or chapters entitled “investors obligations” and tying...
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| Format: | Article |
| Language: | English |
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Elsevier
2023-04-01
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| Series: | Heliyon |
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| Online Access: | http://www.sciencedirect.com/science/article/pii/S2405844023023277 |
| _version_ | 1797836982902063104 |
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| author | Belengar Francis Maïnkade |
| author_facet | Belengar Francis Maïnkade |
| author_sort | Belengar Francis Maïnkade |
| collection | DOAJ |
| description | Since the earlier indirect Corporate Social Responsibility (CSR) provisions failed to hold investors responsible for human rights abuses, the recent hardening process of direct CSR clauses has resulted in incorporating CSR clauses under sections or chapters entitled “investors obligations” and tying CSR obligations to binding human rights and environmental prohibitions, as well as to human rights obligations established by the host state's legislation. This paper provides a non-exhaustive analysis of recent developments in treaty practice based on research primarily sourced from investment agreements concluded between 2012 and 2021, doctrinal input, and normative analysis. As shown in this paper the hardening process has not yet been completed, and reformations are necessary. Specifically, new investment agreements should enshrine investor human rights obligations as legally binding obligations, consider violations of these CSR obligations as part of investment disputes and provide direct remedies to victims. This study contributes to the literature on the international responsibility of TNCs with regard to human rights by examining the process of hardening up the CSR obligations within investment agreements as an approach that could lead to effective human rights protection. |
| first_indexed | 2024-04-09T15:18:44Z |
| format | Article |
| id | doaj.art-d7ed7cbf445a4d2e8f3518556178739a |
| institution | Directory Open Access Journal |
| issn | 2405-8440 |
| language | English |
| last_indexed | 2024-04-09T15:18:44Z |
| publishDate | 2023-04-01 |
| publisher | Elsevier |
| record_format | Article |
| series | Heliyon |
| spelling | doaj.art-d7ed7cbf445a4d2e8f3518556178739a2023-04-29T14:55:23ZengElsevierHeliyon2405-84402023-04-0194e15120Corporate human rights obligations of investors in recent investment agreements: The progressive hardening process of CSR clausesBelengar Francis Maïnkade0School of Law, Central South University, China; Corresponding authorSince the earlier indirect Corporate Social Responsibility (CSR) provisions failed to hold investors responsible for human rights abuses, the recent hardening process of direct CSR clauses has resulted in incorporating CSR clauses under sections or chapters entitled “investors obligations” and tying CSR obligations to binding human rights and environmental prohibitions, as well as to human rights obligations established by the host state's legislation. This paper provides a non-exhaustive analysis of recent developments in treaty practice based on research primarily sourced from investment agreements concluded between 2012 and 2021, doctrinal input, and normative analysis. As shown in this paper the hardening process has not yet been completed, and reformations are necessary. Specifically, new investment agreements should enshrine investor human rights obligations as legally binding obligations, consider violations of these CSR obligations as part of investment disputes and provide direct remedies to victims. This study contributes to the literature on the international responsibility of TNCs with regard to human rights by examining the process of hardening up the CSR obligations within investment agreements as an approach that could lead to effective human rights protection.http://www.sciencedirect.com/science/article/pii/S2405844023023277Investors' human rights obligationsCorporate social responsibilityCorporate human rights responsibilityHardening of corporate social responsibility clausesInternational responsibility of transnational companies |
| spellingShingle | Belengar Francis Maïnkade Corporate human rights obligations of investors in recent investment agreements: The progressive hardening process of CSR clauses Heliyon Investors' human rights obligations Corporate social responsibility Corporate human rights responsibility Hardening of corporate social responsibility clauses International responsibility of transnational companies |
| title | Corporate human rights obligations of investors in recent investment agreements: The progressive hardening process of CSR clauses |
| title_full | Corporate human rights obligations of investors in recent investment agreements: The progressive hardening process of CSR clauses |
| title_fullStr | Corporate human rights obligations of investors in recent investment agreements: The progressive hardening process of CSR clauses |
| title_full_unstemmed | Corporate human rights obligations of investors in recent investment agreements: The progressive hardening process of CSR clauses |
| title_short | Corporate human rights obligations of investors in recent investment agreements: The progressive hardening process of CSR clauses |
| title_sort | corporate human rights obligations of investors in recent investment agreements the progressive hardening process of csr clauses |
| topic | Investors' human rights obligations Corporate social responsibility Corporate human rights responsibility Hardening of corporate social responsibility clauses International responsibility of transnational companies |
| url | http://www.sciencedirect.com/science/article/pii/S2405844023023277 |
| work_keys_str_mv | AT belengarfrancismainkade corporatehumanrightsobligationsofinvestorsinrecentinvestmentagreementstheprogressivehardeningprocessofcsrclauses |