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Article

1 Sep 2005

Author:
Adalyat Abdumanapova, dissertation for LLM in International Human Rights Law, Essex University

[DOC] The notion of Socially Responsible Investment in the context of State-Investor Agreements: human rights or economic returns

A number of issues relevant to the legal nature of international investment agreements are dealt with...includ[ing]: the examination of contractual clauses, including the ‘choice-of-law’ and ‘stabilization’ clauses that protect the foreign investor against deprivation of ownership or control or substantial benefits from investments; the legal requirements for the seizure of alien property by host state in response to the human rights violations; the questions that have been addressed by the international arbitral practice based on the concepts of ‘public purpose’ and permanent sovereignty over natural resources and other related issues. In a wide sense, the objective of this work is not merely to revisit the controversies of TNC-host state relations but, rather, to contribute to the resolution of those controversies. [refers to Shell, American Independent Oil Company (Aminoil), Ford, Unocal (part of Chevron), ExxonMobil, Union Carbide (now part of Dow), Southern Peru Copper, Thor Chemicals, Cape plc, Aramco, California Asiatic Oil Company, Libyan American Oil]