Article
International Law and Corporate Participation in Times of Armed Conflict: Financial Liability Through ISDS?
Berkeley J. Int'l L.
(2019)
Abstract
This paper explores the overlapping conceptions of ‘international legal personhood’ in international criminal law (ICL) and international investment law (IIL) in light of the December 2016 ICSID Award of Urbaser v. Argentina. It is an effort to parse out and test potential standards for investor-to-state liability for corporate participation in mass atrocities and human rights violations, particularly in instances of armed conflict. In exploring the question of when a corporation can be held financially liable for human rights violations under international investment law, the paper suggests that Urbaser invites an application of ICL liability doctrines as ‘boundary crossing’ tools that arbitrators can use to further define the contours of international corporate subjectivity to international law.
Keywords
- isds,
- aiding and abetting,
- stsr,
- csr,
- international humanitarian law,
- armed conflict,
- rome statute,
- urbaser,
- corporate subjectivity to international law,
- corporate social responsibility,
- international criminal law,
- international investment law
Publication Date
November, 2019
Citation Information
Kevin Crow. "International Law and Corporate Participation in Times of Armed Conflict: Financial Liability Through ISDS?" Berkeley J. Int'l L. (2019) Available at: http://works.bepress.com/kevin_crow/16/