Sustainable Development Goal and International Investment Law: Toward a Normative Justification of Human Rights Approach
摘要
The debate on accountability for international investors to achieve Sustainable Development Goals (SDG goals), integrate with human rights concerns, and environmental justice has an abundance of literature in the field. The chapter aims to deliver an expanded perspective on International Investment Agreements (IIAs) through the corporate social responsibility clause in Bilateral Investment Treaties (BIT) and to integrate it with human rights concerns and—SDG 3, 9, primarily as the body of literature is large, to narrow the catalogue, we argued on the most important synergies across the disciplines that is the implementation of human right concerns as an ‘obligation,’ which the author has argued in twofold approach (a) Doctrine of Transnational Public policy (b) Arbitral award and International institutions, in specific International Centre for Settlement of Investment Disputes (ICSID) and Investor-state dispute settlement (ISDS) institution arbitral decision by citing cases of relevance under CSR activities, Indigenous population choice and basic fundamental rights. Furthermore, the chapter aims to find the linkages in interpreting human rights into investment law disputes to give a harmonious interpretation and adopt an integrated approach to interpreting this symbiotic relation and holistic body of international law. This has been contrasted with and symbiotically linked with the choice of law by the parties in the investment disputes. We searched all publicly available treaty documents from UNCTAD navigator (En. language) and selected the relevant one for a comprehensive study for our research. The findings highlight the gap in the enforcement of the CSR clause and Human rights obligations and international conduct standards ‘Guiding Principles on Business and Human Rights by United Nations Human Rights’, so, the chapter suggests strengthening the CSR clause in the treaty by imposing certainty in the expenditure, a sample of 44 clauses were taken into consideration for forming the CSR clause, The Free, Prior, informed consent (FPIC) shall be made mandatory to ensure societal and environmental aspect of Indigenous people. The chapter suggests an integrated and inclusive approach to the normative justification of human rights interpretation in investment disputes for sustainable development.