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This chapter concerns the question whether legality clauses are sufficient to ensure responsible business conduct by investors. Investor obligations are enforceable obligations contained in newer International Investment Agreements which require a certain conduct from the investor. While several categories of investor obligations can be distinguished, little light has been shed on the question which category is the more suitable one. This chapter will do so by, firstly, categorizing current investor obligations. Secondly, it will assess their suitability to ensure responsible business conduct and contribute to a more balanced investment law. Lastly, it will advance an enhanced legality clause as a counterproposal capable of solving previously outlined defects.

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Fortiter In Re, Suaviter In Modo?—Are Legality Clauses the Better Investor Obligations in International Investment Agreements?

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  • 发表日期：

    2025年

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  • Christian Daniel Hein

摘要

This chapter concerns the question whether legality clauses are sufficient to ensure responsible business conduct by investors. Investor obligations are enforceable obligations contained in newer International Investment Agreements which require a certain conduct from the investor. While several categories of investor obligations can be distinguished, little light has been shed on the question which category is the more suitable one. This chapter will do so by, firstly, categorizing current investor obligations. Secondly, it will assess their suitability to ensure responsible business conduct and contribute to a more balanced investment law. Lastly, it will advance an enhanced legality clause as a counterproposal capable of solving previously outlined defects.