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3 - Counterclaims

Benefits, Normative Grounds, and Limits

Published online by Cambridge University Press:  24 November 2022

Tomoko Ishikawa
Affiliation:
Nagoya University, Japan
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Summary

This chapter, together with Chapters 4 and 5, discusses the host state’s counterclaims against the claimant investor. It first discusses the benefits and obstacles of the use of counterclaims by comparing their use with the option of pursuing investors’ legal responsibility through the host state’s own courts. It then discusses the normative grounds for the host state’s environmental counterclaims in the light of the existence of the interests of the victims. Based on assessments of (a) the state’s obligation to protect against private persons’ human rights abuses and (b) the parens patriae doctrine developed in international and certain domestic jurisprudence, it is concluded that the host state has the right to pursue investors’ responsibility both in its own right and on behalf of the victims. It then proceeds to examine whether there are circumstances in which the admissibility of such counterclaims should be denied in light of the victims’ due process rights. This question is answered in the positive, and the factors that make the counterclaim inadmissible on this ground are identified.

Type
Chapter
Information
Corporate Environmental Responsibility in Investor-State Dispute Settlement
The Unexhausted Potential of Current Mechanisms
, pp. 57 - 86
Publisher: Cambridge University Press
Print publication year: 2022

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  • Counterclaims
  • Tomoko Ishikawa, Nagoya University, Japan
  • Book: Corporate Environmental Responsibility in Investor-State Dispute Settlement
  • Online publication: 24 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009076425.005
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  • Counterclaims
  • Tomoko Ishikawa, Nagoya University, Japan
  • Book: Corporate Environmental Responsibility in Investor-State Dispute Settlement
  • Online publication: 24 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009076425.005
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Counterclaims
  • Tomoko Ishikawa, Nagoya University, Japan
  • Book: Corporate Environmental Responsibility in Investor-State Dispute Settlement
  • Online publication: 24 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009076425.005
Available formats
×