Abstract
Abstract The chapter examines the evolution of the role of the home state in
foreign investment law. Traditionally, such a role was essentially limited to norm-setting and protecting nationals and national companies abroad. Protection was typically offered through diplomatic protection, which was based on the legal fiction that the state was vindicating its own right. The conclusion of modern investment treaties, the progressive emancipation of foreign investors and the development of investor-state arbitration meant a marginalisation of the home state. Some recent treaties, however, have paved the way for a new role for the home state that goes well beyond protection of its nationals and national companies. Innovative provisions have introduced obligations and responsibilities for the home state, especially with regard to the fight against corruption and the liability of its own investors. It remains to be seen to which extent these provisions will spread across the international community of states
foreign investment law. Traditionally, such a role was essentially limited to norm-setting and protecting nationals and national companies abroad. Protection was typically offered through diplomatic protection, which was based on the legal fiction that the state was vindicating its own right. The conclusion of modern investment treaties, the progressive emancipation of foreign investors and the development of investor-state arbitration meant a marginalisation of the home state. Some recent treaties, however, have paved the way for a new role for the home state that goes well beyond protection of its nationals and national companies. Innovative provisions have introduced obligations and responsibilities for the home state, especially with regard to the fight against corruption and the liability of its own investors. It remains to be seen to which extent these provisions will spread across the international community of states
| Original language | English |
|---|---|
| Title of host publication | Public Actors in International Investment Law |
| Subtitle of host publication | Special Issue of the European Yearbook of International Economic Law |
| Editors | Catharina Titi |
| Chapter | 2 |
| Pages | 19-36 |
| Number of pages | 18 |
| ISBN (Electronic) | 978-3-030-58916-5 |
| DOIs | |
| Publication status | Published - 2 Feb 2021 |
Keywords
- Foreign investment
- Home State
- Diplomatic protection
- Arbitration