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7 - Conclusion

Implications for Reform

Published online by Cambridge University Press:  24 November 2022

Tomoko Ishikawa
Affiliation:
Nagoya University, Japan
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Summary

Examination of the current regime’s potential also reveals its limitations in terms of the need to correct the asymmetry of the IIA regime and reflect the interests of the victims. On this basis, this chapter examines how the analysis presented in this study may inform discussions about the reform of the IIA regime. To incorporate the interests of victims in the dispute settlement mechanism, it specifically proposes a mechanism for encouraging third parties’ participation in investor–state mediation. This study concludes with the argument that the IIA regime should not provide an opportunity to benefit from the existing gap between investment protection and the lack of effective regulation of TNCs’ conduct; rather, it should operate as a mechanism that protects and advances responsible investment. Fully utilising the potential of the current IIA-based dispute settlement mechanisms to materialise investor responsibility has a broader impact than achieving fairness in specific disputes and will serve the objective of advancing sustainable development.

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Chapter
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Corporate Environmental Responsibility in Investor-State Dispute Settlement
The Unexhausted Potential of Current Mechanisms
, pp. 200 - 221
Publisher: Cambridge University Press
Print publication year: 2022

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  • Conclusion
  • Tomoko Ishikawa, Nagoya University, Japan
  • Book: Corporate Environmental Responsibility in Investor-State Dispute Settlement
  • Online publication: 24 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009076425.009
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  • Conclusion
  • Tomoko Ishikawa, Nagoya University, Japan
  • Book: Corporate Environmental Responsibility in Investor-State Dispute Settlement
  • Online publication: 24 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009076425.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • Tomoko Ishikawa, Nagoya University, Japan
  • Book: Corporate Environmental Responsibility in Investor-State Dispute Settlement
  • Online publication: 24 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009076425.009
Available formats
×