Investors' International Law

Jean Ho, Mavluda Sattorova

"International investment law is at the edge of crisis. After nearly a century of being a trusty amulet for investor protection from States, it is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Policymakers, legal practitioners and civil society groups are increasingly calling for the dismantling or rewriting of the international law governing investors. Reform initiatives range from the rejection of international law as a governing regime for investors, to the dramatic overhaul of investment treaties that supposedly enable investor overprotection, to the creation of a multilateral international instrument that would enable the litigation of claims against errant businesses before an international tribunal. Whether these initiatives succeed in disciplining investors remains to be seen....