International Investment Arbitration from an ESG Perspective and Investor Obligations

Development summary

Aysun Bolaca’s article in Ticaret ve Fikri Mülkiyet Hukuku Dergisi examines investor obligations in new-generation investment treaties through an ESG lens. Starting from the position that early investment treaties generally did not impose responsibility for investors’ environmental and social effects, it discusses the emergence of direct duties such as respect for human rights and observance of international environmental and labour standards, as well as treaty commitments to promote higher protection standards and the consideration of environmental and human-rights norms in investment arbitration and the UNCITRAL reform debate.