Definitions of investment and investors

Publication Type

Book Chapter

Publication Date

4-2025

Abstract

This chapter provides a careful analysis concerning the definition of investors and investment in international investment agreements (IIAs) and how such treaties are capable of taking sustainable development into consideration. While the impact of key investor-State dispute settlement (ISDS) jurisprudence on definitions of investors and investments, including Salini v Morocco, has been debated for many years, more recently there have been significant debates around who should be considered an investor and what should constitute an investment in the context of ongoing environmental and social crises. The authors of this chapter conclude that refined, flexible approaches to defining sustainable investment alongside national screening mechanisms may provide the best approach for a more sustainable international investment law regime.

Keywords

Sustainable investment, SDGs, Sustainable business activities, Investment screening mechanism, National investment laws, Investment approval, Reform, Treaty exclusions, Contribution to host state development, ‘In accordance with host state law’-clauses, Approval requirements

Discipline

Banking and Finance Law | Law and Economics

Publication

Research handbook on investment law and sustainable development

Editor

CORDONIER SEGGER, Marie-Claire; GLEASON Ted; STEPHENSON, Sean

First Page

45

Last Page

65

Identifier

10.4337/9781789908930.00016

Publisher

Elgar

City or Country

UK

Additional URL

https://doi.org/10.4337/9781789908930.00016

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