Abstract

The authors observe that while international law, as it now stands, does not impose any direct legal obligations on corporations (except for jus cogens norms), nothing prevents countries from signing BITs imposing human rights obligations upon corporations. They examine concretely how such BITs could be drafted (and existing ones be amended), including where non-investment obligations should be located in BITs; what type of language should be used; which international instruments should be referred to in BITs and why; and which enforcement mechanisms should be ...