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Book contents
- Corporate Environmental Responsibility in Investor–State Dispute Settlement
- Corporate Environmental Responsibility in Investor–State Dispute Settlement
- Copyright page
- Contents
- Figures
- Acknowledgements
- Table of Cases
- Table of Treaties, Legislation, and Other Documents
- Abbreviations
- 1 Introduction
- 2 Corporate Environmental and Human Rights Obligations in International Law
- 3 Counterclaims
- 4 Counterclaims
- 5 Counterclaims
- 6 Corporate Environmental Responsibility and the Investor’s Principal Claims
- 7 Conclusion
- Appendix List of IIAs in the IIA Dataset
- Bibliography
- Index
3 - Counterclaims
Benefits, Normative Grounds, and Limits
Published online by Cambridge University Press: 24 November 2022
- Corporate Environmental Responsibility in Investor–State Dispute Settlement
- Corporate Environmental Responsibility in Investor–State Dispute Settlement
- Copyright page
- Contents
- Figures
- Acknowledgements
- Table of Cases
- Table of Treaties, Legislation, and Other Documents
- Abbreviations
- 1 Introduction
- 2 Corporate Environmental and Human Rights Obligations in International Law
- 3 Counterclaims
- 4 Counterclaims
- 5 Counterclaims
- 6 Corporate Environmental Responsibility and the Investor’s Principal Claims
- 7 Conclusion
- Appendix List of IIAs in the IIA Dataset
- Bibliography
- Index
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.
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- Information
- Corporate Environmental Responsibility in Investor-State Dispute SettlementThe Unexhausted Potential of Current Mechanisms, pp. 57 - 86Publisher: Cambridge University PressPrint publication year: 2022