International investment law and the evolving codification of foreign investors' responsibilities by intergovernmental organizations

Date

2017-04-24

Authors

Marcoux, Jean-Michel

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Abstract

In a context of neoliberal globalization, have the processes of elaboration and implementation of foreign investors’ responsibilities by intergovernmental organizations reached the realm of legality? By relying on an analytical framework and a methodology that combine international law with international relations, the present interdisciplinary dissertation provides a twofold answer to this question. At a macro-level, it demonstrates that the normative integration of foreign investors’ responsibilities in international investment law is fragmented and consistent with the interests of the most powerful actors. At a micro-level, it relies on the interactional theory of international law to assess the normative character of several international instruments elaborated and implemented by intergovernmental organizations. By shedding light on the sense of obligation that each instrument generates, the analysis shows that such a codification process is marked by relations of power between international actors and has resulted in several social norms, with relatively few legal norms.

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Keywords

international investment law, international relations theory, interdisciplinarity, human rights, environment, labour rights, corruption, intergovernmental organizations

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